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B-208964,B-208964.2 1 (1983-03-01)

handle is hein.gao/gaobadkxa0001 and id is 1 raw text is: 

                              THE COMPTROLLER GENERAL
      DECISION                OF THE UNITEO STATES
                              WASHINGTON, 0. C. 20548




      FILE:  B-208964, B-208964.2   DATE: March 1, 1983

      MATTER OF: National Labor Relations Board - Request
                    for Advance Decision; Acme Reporting
      DIGEST:       Company, Inc.

      IFB for transcription services was not worded
      so as to obligate any bidder to provide copies
      of transcripts to the public; nevertheless,
      procuring agency apparently intended to
      require contractor to provide this copy
      service. Consequently, the entire procurement
      should be resolicited unless the procuring
      agency, itself, intends to provide this copy
      service.

      The National Labor Relations Board (NLRB) requests an
advance decision concerning the propriety of rejecting the
apparent low bid of Acme Reporting Company, Inc. (Acme),
submitted pursuant to invitation for bids (IFB)
No. 83-B-100, for verbatim reporting and transcription
services. Acme has also filed a protest against the
rejection of its bid.

     The NLRB rejected Acme's low bid because of the
company's alleged unreasonable price for copies of
transcripts sold to the public, the price of which was not
to be evaluated in determining the low bidder. The
protester and the NLRB devote considerable argument to the
issue of Acme's price to the public. Nevertheless, we do
not need to discuss this issue because we conclude that the
NLRB--contrary to its apparent intent--failed to write a
requirement into the IFB that would obligate the contractor
to furnish copies of transcripts to the public.

     In prior years under similar NLRB contracts, the
contractor furnished copies of transcripts to the public.
Indeed, it was the apparent intent of the NLRB to so word
the present IFB that the contractor would be required to


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