Text

Requests That Tayloe Assoc 840426 Bid Protest Re Ifb SECY-84-327, Stenographic Reporting Svcs,Washington,Dc Metropolitan Area, Be Summarily Denied or Dismissed W/O Rept from NRC
	ML20236C173
Person / Time
Issue date:	05/14/1984
From:	Norry P; NRC OFFICE OF ADMINISTRATION (ADM)
To:	Efros S, Wotherspoon W; GENERAL ACCOUNTING OFFICE
Shared Package
ML20236B994	List: IA-85-675, Requests That Tayloe Assoc B-216110 Bid Protest Re Us NRC Solicitation ASB-84-352 Be Denied Due to Tayloe Attempts to Impeach NRC Credibility by Alleging That Delays Encountered in Awarding Contract W/Nrc Result of Incompetence; ML20236B991; ML20236C029; ML20236C107; ML20236C161; ML20236C173; ML20236C203; ML20236C223; ML20236C253; ML20236C266;
References
	FOIA-85-675 NUDOCS 8707290360
	Download: ML20236C173 (2)
	v • d • e

- _ _

h

'8

\\*,,

.A-

.*I UNITED STATES

~

T"*

8 NUCLEAR REGULATORY COMMISSION -

o e

WASHINGTON, D. C. 20S56

\\.....)

MAY 141984 Seymour Efros, Esquire Associate General Counsel Office of'the General Counsel United. States General Accounting Office Washington, D.C. 20548 j

Attention:

Bid Protest Control Unit

]

William A. Wotherspoon, Esquire 1

Re: Tayloe Associates Bid Protest -

U.S. Nuclear Regulatory Commission IFB No. SECY-84-327

" Stenographic Reporting ' Services, Washington, D.C. Metropolitan Area"

Dear Mr. Efros:

Tayloe Associates' (Tayloe) protest dated April 26, 1984 should' tie summarily denied or dismissed without a report from this agency under 4 C.F.R.

r, i 21.3(g) for the following reasons *:

1.

The Comptroller General generally does not consider responsibility issues.

Tayloe protests that SKS Group, Ltd., the-apparent low bidder, cannot meet certain requirements of the IFB and therefore cannot be detennined responsible within the meaning of 41 C.F.R. SS 1.1202 and 1-1.1205-3(b). The Comptroller General does not review affirmative determinations of responsibility unless either fraud on the part of procuring officials is alleged or the solicitation contains definitive responsibility criteria which have allegedly not been applied. DixieBagCorp.,B-210898.2, July 15,1983, 83-2 CPD 97; Beta Construction Company, B-2iT850, April 18,1984.

Tayloe does not allege fraud and the solicitation does not contain definitive responsibility criteria.

2.- Tayloe is not an interested party. Tayloe,'as shown by Exhibit 5, which was attached to NRC's report dated April 12,1984, was sixth of seven bidders. Tayloe would not be eligible for award even if the issues raised were resolved in its favor.

Lab.-Line.. Instruments, Inc., B-213733, Dec.'1, 1983, 83-2~CPD 633.

3.

Tayloe's protest is speculative., Jpyl on which a competitor's bid was prepared a,qe'sa allegations concerning the basis-nd the competitor's intended manner of

$$e?$, "' ';;,

AnwcW x

eg

1

, j...

'(

(

2-performance are speculative.

Tayloe has not met its burden of proof.

American Dredgery Co., B_212212 July 16,1983, 83-2 CPD 130.

If SKS Group, Ltd. is awarded the contract but does not comply with requirements of the IF8, the Government. can seek an appropriate remedy.under the contract.

4.

The Federal Advisory Committee Act does not require rejec' tion of SKS' bid.. The Hoover Reporting case, cited by the protester, has been referred to as holding that the Federal Advisory Comittee Act does not require any particular procedure on the part of agencies contracting'for reporting services, so long as the public. is adequately' protected against

.l paying unreasonably high prices for-duplicating services. ' Alderson Reporting Company, Inc. ;. Ace Federal Reporters, Inc.. B-205552.2, February 12, 1982, 82-1 CPD 128.- In the Alderson case, the Federal Energy Regulatory Comission adequately protected the public' by reserving the right to provide copies.to the public-(at p_resumably the actual cost of duplication) with the. contractor agreeing 'to_ provide copies at $0.25 per page-for regular delivery.

In CSA Reporting Corporation, 59 Comp. Gen. 338, 80 1 CPD225(1980), an agency adequately,,rotected the public.by permitting the public to obtain copies from the agency for $0.10 per page.

In that case the Comptroller General concluded that $.75 per page for copies requested by the public was not unreasonable.

In _ National Mediation Board, B-204842, Oct. 7, 1981, 812 CPD 284, however, a rate of 57.50 was found to be unreasonably high.

In IFB No. SECY-84-327, Part III, Article I, B, 3. -page 26. NRC. reserved the right to. reproduce transcripts, or copies thereof, and to place copies of transcripts in its Public Document Rooms where they.are available-for copying by members of the public.

The rate charged for copies which are furnished by the NRC Public Document Room in Washington, D.C. for record sizes up to 81 x 14 inches made on office copying machines is $0.05 per i

1 page.

ML20236C173

Text

Dear Mr. Efros:

Navigation menu

Search