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B-189500 1 (1978-03-21)

handle is hein.gao/gaobadfvr0001 and id is 1 raw text is: I I 6k DATE: March 21, 1978 Montgomery Ward and Company, Inc. DIGEST: Protest of property disposal agency's refusal to deviate from stated terms of solicitation in order to give preference to bid offering cash terms over high bid offering credit terms is denied where solicitation indicated either to be equally accept- able tn the Government. Montgomery Ward and Company, Inc. (MW) protests the General Services Administration's (GSA) acceptance of the high offer submitted by Space Bank Limited (SBL) of $1,410,000 on stendard credit terms, for i surplus property located in Pasadena, California. MW tendered a cash bid of $1,355,000 for the same property. The property in question had been offered for sale by GSA on three previous occasions and was the subject of our decision MontgomeryWard and Comany, Inc., B-189503, August 5, 1977, 77-2 CPD 83, where we found MW's protest of GSA's refusal to accept its high offer for the property to be untimely filed. MW's present protest is founeed upon MW's belief that the Government's interests iould be better served by acceptance of MW's somewhat lower cash offer rather than SBL's high offer an the standard credit terms set out in the solicitation. However MW also auestions GSA's refusal to consider MW's prior offer arguing that the price ultimately paid by SBL for the property was virtually equal to a GSh appraiser's earlier estimate of the value of the property which GSA had itself re- jected. GSA takes the position that once an agency advises the putlic, though a solicitation, that the Government will atcept either cash terms or cr lit terms it is inconsistent for the agency, after he bids have been opened, to evidence a preference fo cash over credit. GSA also states that because the ir'erest charged is U HR COMPTRCLLEnf GENERAL DECISION . .. l. *P THE UNITEO ETArEm S VASHINGTON. O.C. 2fl54U LIMITL FILE: F-i189500 MATTER OF: La~ -Al - .4 I

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