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B-184098 1 (1976-03-02)

handle is hein.gao/gaobaddfb0001 and id is 1 raw text is: D.EII FR THE COMPTROLLER GENERAL DECISION 1\ ( OF THE UNITED STATES / WASHINGTON, D. C. 20548 FILE: B-184098 DATE: March 2, 1976 MATTER OF: Engineered Systems, Inc. 3 DIGEST. 1. GAO Bid Protest Procedures are intended to require protesters to raise issues in timely manner. Where contracting agency first raises certain issue in report to GAO on protest, no reason is seen why issue should not be for consideration on merits, notwithstanding party's allegation that it is untimely. 2. Where RFP specifies directed source subcontractors, Government takes responsibility for performance difficulties occasioned by subcontractors' performance. Offeror whose proposal discloses potential difficulties with conditions imposed in subcontractor proposal is placed in disadvantageous competitive position where second offeror's proposal--which does not disclose any subcontrac- tor conditions---S considered acceptable by Government. Netwith- standing issue raised concerning late modification to first offer- or's proposal which removed subcontractor condition, recommendation for corrective action in procurement is inappropriate in any event. Instead, Government should review need for directed source subcon- tractors and insure equality of competition among offerors in future procurements. 3. Allegations of unfairness by agency in conduct of discussions with offerors are without merit where (1) impropriety on part of successful offeror in obtaining revised quotation from di- rected source subcontractor is not shown; and (2) no evidence is presented to show that protester's proposal data was improp- erly disclosed. Contracting officer states additional cost data was sought from protester to determine whether mistake in its proposal existed, not for.release to other parties; and fact that successful offeror reduced price in best and final offer does not prove that protester's price was leaked. 4. Concept of responsiveness is not directly applicable to negotiated procurement, and fact that initial proposal con- tains unacceptable condition does not mean rejection of proposal for this reason would be justified. - 1 -

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