ML20236C223
| ML20236C223 | |
| Person / Time | |
|---|---|
| Issue date: | 08/30/1984 |
| From: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Efros S GENERAL ACCOUNTING OFFICE |
| Shared Package | |
| ML20236B994 | List:
|
| References | |
| FOIA-85-675 NUDOCS 8707290375 | |
| Download: ML20236C223 (2) | |
Text
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A UNITED STATES
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9G August 30, 1984
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M%g N9L Seymoyr Efros Esquire Associate General Counsel E,
,Q, ty Office of the General Counsel
-v United States Generei Accounting Office
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Washington, D.C.
20548 Re:
B-216110 Bid Protest by Tayloe Associstes -
U.S. Nuclear Regulatory Commissior, Solicitation ASBsB4-352
Dear Mr. Efros:
1 This will acknowledge receipt of your letter dated August 20, 1984, requesting a documented report responsive to Tayloe Associates' protest.
Such a report will be submitted unless the protest is sumarily dismissed under 4 C.F.R. 621.3(g) upon consideration of the information which is set forth below.
Tayloe states NRC should have determined the Ace-Federal price to be unreasonable, waived the requirements for a bid guarantee under applicable regulations, and made the award to Taylee Associates.
The solicitation in this case was issued February 6,1984 Federal ProcurementRegulation(FPR) 61-10.103-4 therefore applies.
That section requires the rejection of a bid when the bidder fails to comply with a requirement for a bid guarantee, except that in four situations noncompliance shall be. waived'unless there are compelling reasons to the contrary. Tayloe failed to provide the required bid guarantee and has asserted that URC should i
have waived the bid guarantee requirement because of its performance record l
es the incumbent contractor.
A copy of Tayloe's letter transmitting its bid and eddressing the bid guarantee requirement is attached. The performance record of a contractor is not one of the situations described in FPR 61-10.103-4 permitting waiver of noncompliance. Your office has consistently held that a bid ouare me requirement is a material part of an IFB and, except as provided in ocuri at regulations, a procuring activity must reject as nonresponsive e cid tk does not conform with that requirement.
United States Contracting Corp.. B-198095, 80-1 CPD 446, June 27, 1980; Holm_Well Drtiling, Inc., B-207774, 82-2 CPD 362, Oct. 22,1982. NRC, therefore, could I
not waive the requirement for Tayloe to furnish a bid guarantee and was required by FPR ll-2.404.2(f) to reject Tayloe's bid as no.n.,-r.,e.spo.ns,.i.ve.---
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As provided in FPR t -2.407-2, a determination was made that the prospective contractor, Ace-Federal Reporters, Inc., was responsible and that the prices of fered were reasonable prior to award of Contract flo. NRC-21-84-352 on l
August 6, 1984. The determination concerning reasonableness of price is a matter of administrative discretion which the Comptroller General will not i
question absent a showing of fraud or bad faith.
MIL-STD Corp., B-222038; B-212038.2, 84-1 CPD 112, January 24, 1984. Tayloe has not asserted either fraud or bad faith in its protest.
j We therefore request that Tayloe's protest be summarily dismissed.
Sincerely, l
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P tric G. Nor y, Director Office of Administration Attachment as stated:
cc:
Joseph Gallo, Esquire Isham, Lincoln & Beale Ace-Federal Reporters, Inc.
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