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B-190614 1 (1978-05-18)

handle is hein.gao/gaobadgbr0001 and id is 1 raw text is: / James Vickers r I T. T C VMP-ROLLER ORNERAL CECISICN OF THU UNITED STATNE FILE: -19V614 CATE: )ay 10, 1978 MATTER OF: John W. Cowper Company DIGEST: Contrary to position of complainant, solicitation clause which requires listing of major equipment suppliers of system and does not contain pro- visions showing intent to preclude use of subcontractor or suppliers other than those listed and does not indicate that failure to provide information will render bid noure- sponsive relates to responsibility. John W. Ccwper Company (Cowper) has requested our Office to :eview the award.of a contract to Grumman Ecosystems Corporation (Grumman) by Fairfax County, Virginia, pursuant t'o a grant by the Environmental Protection Agency (EPA) under title II of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. S 1251, St seQ. (1970)). The contract is for the construction of the final advanced wastewater treatment plant at the Lower Potomac Pollution Control Plant in Fairfax County, Virginia. Bids were opened on October 13, 1977. The low bid was submitted by Grumman in the amount of $24,786,000. Cowper was the second low bidder at $25,474,000. On October 14, 1977, Cowper filed a protest with the grantee contending that the bid of Grumman was nonresponnive and should not be considered for award. The solicitation contained the following clause: -11 i 1i