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B-185046 1 (1976-07-19)

handle is hein.gao/gaobadiya0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-185046 DATE: July 19, 1976 MATTER OF: Harry Kahn Associates, Inc. DIGEST: 1. Special standards of responsibility set forth in request for proposals which solicited only price proposals are not evaluation factors bearing on technical acceptability of proposals but are definitive criteria of responsibility which must be met as prerequisite to affirmative determi- nation of responsibility of prospective contractor. 2. Where corporate offeror has been incorporated less than 3 years, requirement that offeror's top management person- nel have been with company an average of 3 years may be satisfied by including length of service with prior com- pany since record shows that offeror took over prior com- pany's assets and personnel and continued operations at same location with only change of name and ownership. 3. Employment of full-time engineer and four part-time engineers who are available for full-time work satisfies provision of responsibility criteria requiring only that four engineers be on board as nucleus around which contractor could expand its capability. Harry Kahn Associates, Inc. (HKA) protests the award to J.A. Niland and Associates, Inc. (Niland), of a contract for an indefinite quantity of supplies and services necessary for prep- aration of technical instructions data, under request for proposals (RFP) No. F09603-75-R-0692, issued March 25, 1975, by the Warner Robins Air Logistics Center (WRALC), Robins Air Force Base, Georgia. HKA claims that award to Niland was improper because Niland did not meet certain eligibility standards set forth in the RFP. The RFP solicited only price proposals and contemplated that award would be made to the lowest acceptable offeror. In addition, the RFP set forth special standards of responsibility with respect to plan and organization for performance, equip- ment and facilities, management personnel, technical personnel, and inspection system. HKA asserts that Niland did not meet - 1 -

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