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B-208559.2 1 (1983-05-10)

handle is hein.gao/gaobadlbh0001 and id is 1 raw text is: /' -\7 \ THr COMPTROLLER GENERAL 0 ECISIOJ (J N OF THE UNITED STATES WASHINGTON,.0..C. 20548 UIN it FILE: B-208559.2 DATE: May 10, 1983 MATTER OF: International Research and Development Corporation--Reconsideration DIGEST: Decision is affirmed on reconsideration in absence of any showing that earlier decision was based on errors of fact or law. International Research and Development Corporation (International) has requested reconsideration of Food & Drug Research Laboratories, Inc. (FDRL), B-208559, February 14, 1983, 83-1 CPD _ ,in which we sustained FDRL's protest that the Department of Health and Human Services (HHS) failed to submit the question of FDRL's nonresponsiblity to the Small Business Administration (SBA) for a certificate of competency (COC) determination and recommended that HHS refer this matter to the SBA for such determination. International was awarded a contract subsequent to HHS's determination that FDRL was nonresponsible. International argues that our decision did not address its contention that even though HHS made an adjustment to its proposal, HHS advised International that this would not affect its status as low offeror. Had this advice not been given, International posits that it would not have accepted the upward adjustment of its proposed cost. In addition, International contends that we did not respond to its request for a conference on the cost question. Addi- tionally, International submits that the SBA could have acted before award but in failing to do so waived its right to act now. Furthermore, International states that its con- tract was legal since HHS complied with the applicable procurement laws and regulations. Concerning the cost adjustment, International, in comments on the protest, advised our Office of its preaward negotiations with HHS in an effort to demonstrate that adjustments to its proposal should have resulted in the same adjustments to the other proposals and, therefore, the rela- tive standing of the offerors should have remained the same. The adjustment concerned the inflation factor and resulted in an increase to International's cost proposal. --- SS7/E i r d__

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