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B-176438(2) 1 (1972-12-27)

handle is hein.gao/gaobadtct0001 and id is 1 raw text is: .DST . 899 COMPTROLLER GENERAL'OF THE UNITED STATES I#M~Y~/I WASHINGTON, MC. 200 B-1,76438 December 27, 1972 Dear Mr. Secretary: By letters dated August 8 and October 30, i972, the Associate Administrator/Administration furnished our Office with reports on the protest of Collins Radio Company of the award of a contract to Microwave Engineering, Inc., under request for proposals WA5M-2- 74192, issuted-by the Federal Aviation Administration. Enclosed is a copy of our decisionOof today to counsel for Collins denying the protest.. Although we have denied the protest, our review of this case has revealed deviations from good procurement practice which we are calling to your attention in order that procedures may be instituted to preclude their occurrence in future cases. First, in our opinion, this protest would have been more easily resolvable had a detailed summary of negotiations with all offerors .... been made as a matter of course immediately following negotiations. While a negotiation summary dated May 24, 1972, was prepared, that suwmary uses broad, general terms, stating only, in the case of Col- lins, that Collins had taken many exceptions all of which were not acceptable, without making mention of the specific areas of the Col- lins proposal considered to be unacceptable or without specifying the nature of any agreements reached with Collins during negotiations. Our experience has shown that some procuring agencies consider the contemporaneous memorialization of negotiation discussions to be of sufficient importance to warrant the -preparation of a verbatim 'transcript. While every case does not necessarily require the detail provided by a transcript, we believe that a contemporaneous and com- plete written record of negotiations should be prepared in every instance, and we therefore recommend that a procedure requiring the preparation of written minutes of negotiations be instituted for use in future procurements. Secondly, the administrative report furnished us by FAA contained certain inconsistencies and factual misstatements. Thus while the original report stated that the contracting officer was aware of Col- 1,ins technieal exceptions expressed during negotiations and as con- -ained in its April 24 proposal 'revision, the supplemental report

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