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B-177284 1 (1973-04-19)

handle is hein.gao/gaobaadvx0001 and id is 1 raw text is: 



(.r> .COMPTROLLER GENERAL OF THE UNITED STATES
     ,zVolW$-SNINGTON, D.C. 20145

       -l7728 vr)APR 19 1973







       The Honorable Arthur F, Dampson
       Acting Administrator, General               C    m   r   1AAn   g
         Services Admnnietration          IkT)XCIMI9l vDUnu~
       Dear Mr.W.8arpson:

            Enclosed is a copy of our decision of today to Donovan
       Construction Company and Incorporated Systems Company wherein we
       sustain the determination of your agency to consider certain tech-
       nica) proposals submitted pursuant to-step one of a twowstep formal
       advertising procurement.

            Briefly, the solicitation included a late technical proposal
       clause which provided that untimely proposals would be considered
       only ii' certain stated conditions were met, Two late proposals were
       received but neither of these proposals met the stated conditions.
       Neverthelesso on the strength of certain decisions of our Office,
       your aaenc' concluded that the provisions of the late technical
       proposal clawte need not be strictly enforced and that the two late
       prc posaln properly could be considered under step one, Ir. view of
       yr agency's reliance on our past decisions, we concluded that we
       could not obJe.:t to the consideration of these proposals by your
       agency,

            However, as indicated in our decision to the protester, we also
       believe that late technical proposl clauses usri in step one solic-
       itations nhcrld apropriately advice offerors of the rules to be
       applied with respect to late technical proposals and that late pro-
       posals received under step one should be treated in strict accordance
       with the provisions of such clauses. While we agree with your agency
       that it is in tie Government's bent interests to provtnt the elimi-
       nation of potentially qualified sources from the competitive base
       under step one, we do not believe the competitive system is well
       nerved by treating proposals under step one contrary to the terms of
       the solicitation. We believe that once the rules of the competition
       have been established they should be followed. Therefore, we re-
       commend that in future step one proceedings late technical proposals


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