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B-212997 1 (1984-05-02)

handle is hein.gao/gaobadlri0001 and id is 1 raw text is: t A (,P, r, , THE COMPTROLLER UUNERAL DECIION OP THE UNITO STATE8 WASHINGTON. 0. C. 30546 PILE: B-212997 DATE: May 2, 1984 MATTER OF: Trailways Manufacturing, Inc. DIGEST: Complaint that life cycle cost penalties and credits incorporated in a grant-funded procurement solicitation create unduly restrictive specifi- cations is denied because complainant has failed to show that the penalties and credits do not reflect minimum needs and are not reasonably related to the grantee's intended goal of insuring that the long term cost of the procurement will be minimized. Trailways Manufacturing, Inc. (Trailways), has submitted a complaint about solicitation No. 1230 issued by the Port Authority of Allegheny County (Grantee) for the purchase of 20 suburban-type motor coaches pursuant to grant No. PA-03-0152 administered by the Urban Mass Transportation Administration (UMTA). Trailways alleges that the amended solicitation is unduly restrictive of competition. We deny the complaint. In April 1983, the Grantee issued solicitation No. 1230. In May 1983, Trailways submitted its request to receive approved equal status for its Eagle model 10 coach. On June 13, 1983, the Grantee responded to the approved equal requests and issued addendum No. 4 and appendix A that provided penalties or cre4its in regard to 22 specification items based upon a life cycle cost analysis. If an offered item lacked certain required features, a set dollar amount was added to its life cycle cost calculation. By letter dated June 22, 1983, Trailways protested to the Grantee against the life cycle cost penalties and credits assigned to various requirements outlined in the specifications (appendix A), contending that they unjustly penalized Trailways and favored another source. In its letter, Trailways reiterated its request for approved equal status for the drive axle, front axle, and bogie axle to which the Grantee did not previously respond. Trailways

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