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B-185842 1 (1976-09-27)

handle is hein.gao/gaobadcya0001 and id is 1 raw text is: o t THE COMPTROLLER GENERAL DECISION . OF THE UNITEO STATES WASHINGTON. 0. C. 20548 FILE: B-185842 DATE: September 27, 1976 MATTER OF: Cincinnati Electronics Corporation; Bristol Electronics, Inc.; E-Systems, Inc. -7 70 DIGEST: 1. Contention that Army is required to fund third program year of multi-year contract before procuring similar supplies under RFP is without merit, because there is no showing that award under RFP would eliminate any requirements covered by third program year. 2. Grant of extraordinary contractual relief under Public Law 85-804--which has effect of making exercise of contract option viable possibility and leads agency to compare contract option price with prices of proposals received under- RFP--does not constitute improper use of Public Law 85-804 authority to negotiate contract. Proscription in act is that extraordinary authority cannot be used to negotiate contracts for supplies or services which are required to be procured by formal advertising--which is not what occurred in this case. 3. No basis is seen to object to contracting officer's finding that radio sets available under existing contract option will fulfill existing need of Government. While comparison of option prices (including effect of possible price escalation) and prices of proposals submitted under RFP may be difficult, this does not establish that consideration of option as means of satisfying Government's requirements is precluded. 4. Impossibility of drafting adequate specifications is criterion- for authorizing negotiation under 10 U.S.C. § 2304(a)(10) (1970), ASPR § 3-210.2(xiii) (1975 ed.). Where record does not show reasonable grounds to support conclusion of impossibility, neither difficulty of drafting adequate specification for radio sets nor desire for negotiations in order to enhance or assure offerors' understanding of requirements justifies negotiation in lieu of advertised procurement. GAO recommends that if Army cannot find other basis to authorize current ongoing negotiated procurement, RFP should be canceled. PUBLISHED DECISION

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