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B-188813 1 (1977-12-23)

handle is hein.gao/gaobadfna0001 and id is 1 raw text is: o ThPW COMYrMOLI.WW AR941WRAL/' ONLa0 M I04 U ITU h PT 4 MVWAJ HIN 170N. . DC . ROS48 FILE: 81ATE: 4 *4 -4 23:- 1T MATTER OF: MotorolA lac. 5GEST: Where portio- of low bid containing dalivery and Iastallation schedule was marked trade secret, bid should not have been accepted by grantee, since It was nonresponsive in that. public opening was 'required. If Government procurement were involved, termination of contract would have been recommended but for Itate of work ad liability for it. Notorola Inc. has filed a Complaint concerning the award of a contract to General Electric Company (G.E.) ad* by the Snt.thzin California Rapid Transit District (SC;RT)) under grabhts frcm the Department of Transportation, Urban Mass Transportation Ad -inistra- teon (UNTA). Motorola contends that .E.'s bid was nonresponsive since much of the bid was marked tradeawaret, thereby preluding publie inspection of the bid in iolation of basic principles of Federal procurement law Pursuant to Capital Grant Project Nos. CA-A3-6034, CA-03-0046, CA-03-004t, and CA-03-o90, SCRT Issued an Invitation or bid (IFL), for. t purthase of bus mobilerdios and related eqofipment and the establishment of a communications'system on November,'7, 1975. After several delays due to revised specifications, complints and a indefinite postponement of bid oponing, fial solicitation waist ae on September 23, 1976, andbids were opened on November.22, 1976. SCRTD Bullatin No. 6, whic h constituted the final solicitation, provided that: Bidders must clearly identify trade secrets at such. Allother iterial submitc ±n peolic record, and is subject to disclosure upon reuest. In aral .ragraph C16 of SCRTD Bulletin No. 6 provided that All bila will . opened in public at thet bid opening. At that time, any person presanhto Catal r t to have any part of the bids read aloud. At t,hestime of bid opening, Motorola requested that the bids be read aloud and that it be allowed to inspect the bid submitted by G.E. Motorola was informed of the price, quantity and certain deliv- ary aspects contained in Volume I of G.E.'s bid. However, because of G.E.'s labeing Volue II of its bid as trade secret, Motorola, as well as others, was denied access to Volume II of G.E.'s bid. aloud-. A t t h i m-f i d o e n n , - M t r l e u s e d t a h i s b redaodadIa tb loe oisettebdsbitdb

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