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B-185268 1 (1976-02-10)

handle is hein.gao/gaobaddqo0001 and id is 1 raw text is: C.. ~ THE COMPTROLLER GENERAL DECISIOlNl N * OF THE UNITED STATES WASHINGTON, D.C . 20546 (to, FILE: B-185268 DATE: February 10, 1976 MATTER OF: Microfilm Communications Systems, Inc. DIGEST: 1. Invitation requirement that equipment to perform contract be in place and operable is matter of responsibility. Wording of requirement calling for that condition to exist at the time the contractor's bid is submitted may not turn matter into question of bid responsiveness and -cause rejection of bid. Responsibility of bidder is for determination after time for bid opening. 2. Possibility that price structures and schedules of incumbent contractor may be known to and utilized by competitors for underbidding incumbent allegedly resulting in deleterious performance has no bearing on award to other than incumbent since logical, but legally impermissible, extension of arguments would result in all contracts being awarded to incumbents as matter of course and there is no legal pro- hibition to below-cost bidding. Microfilm Communications Systems, Inc. (Microfilm), protests any award of a contract to the Microforms Management Corporation (Microforms) under invitation for bids No. N00612-76-B-0004, issued by the Naval Supply Center, Charleston, South Carolina. Award has been withheld pending our decision. Microfilm, the incumbent contractor, believes that, because its price structures and pricing schedules were matters of common knowledge, other bidders were able to bid below Microfilm prices to obtain the award. These bidders, including Microforms, are allegedly lacking in the experience and knowledge to prepare bids based upon true costs, and their actual performance will probably prove to be deleterious to the interests of the Government. It is also contended that the Microforms bid should not be accepted since at the time of bid opening that firm did not comply with subparagraph (e) of the invitation, QUALIFICATION OF BIDDERS, which requires as follows: - 1 - C .4

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