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B-187435 1 (1977-03-15)

handle is hein.gao/gaobadele0001 and id is 1 raw text is: 




                                                                    James Vickers
                                                                        Proc.  
                                            THU   COMPTMOLLEN SENERAL
                *D  CISION      .UP              THE    UNITE     D  eUTATEs
                                            WASHINUTON, D.C. 2OSE
C



               FILE:       B-187435                DATE:   M     15, 1977

               MATTE-R   OF:    Informatics, Inc.


               DIGEST:

            1.  Where RP  requires offerors to assume file system of incumbent
                contractor which may not exceed 20,000 f as and contracting
                agency has available data th'at shows file contains less thn
                1,500 files and har contained that mount for substantial period
                of time, such information sholsd have been included in RFP to
                allow offerors to realistically price proposals. Recommendation
                to made that negotiations be reopenod and another round of best
                and final offers be received and evAlnated.

            2.  Recorddoes  not support allegation that contractor gained unfair
                competitive advantage by conducting teat to prove certain capability
                to contracting agency vith view to modifying aontract. Conduct of
                test vas within discretion of agency in -area of contract administra-
                tion and fact that capability was required under pending solicita-
                tion of contract does not alter finding.

                Oa My  28, 1976, io  Department of Cmmerce (Commerce) issued
           request for proposals (RFP) No. 6-36995 for the preparation of patent
           data for patent Zull text data base. for the Patuat and Trademark Office.
           On August 12, 1976, a contract was awarded to International Computaprint
           Corporation (ICC) for the requirement, wibch ward has been protested
           to  our Office by Inforwa tics, Inc. (Informatica).

                For a clear understanding of the protest, a review of the history
           of the Patent and Trademark Office's requirement and prior solicitations
           for the service is necessary.

                Under the contract, the contractor will be furnished a number
           qf approved patents per vseek which are to be- converted 'into machine
           language on magnetic comuter  tape. Several different types of tapes
           are to be prodibed for various uses. Master tapes are to be prepared
           containing the full text of the approved patenta whitch willbe avail-
           able for distribution to industries desiring to store current patent







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