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B-195280 1 (1979-07-19)

handle is hein.gao/gaobactzn0001 and id is 1 raw text is: GAO United States General Accounting Ofice Office of Washington, DC 20548 Gneral Counsel In Reply Refer to: i-195200 !o net mnko avatible to public reading Mr. Leon Spiro1 1979 35 Avanue Aunont Chantilly 60, France Dear fr. Spirot Lnalosed in a copy of the decision (Martin 6 Turner tupply Co., 54 Comp. Gen. 395 (19741, 74-2 C i7i you requested in your letter dated june 17, .1979. Altiough the HartLn & Turner y Co. decision involves tha procurement of servcesa or supplies, the roroniIg in that case applies to surplus oalen. Sec- tion 203(e) of the.Federal Property and Adninistrative Services Act of 1949, au amended, 40 U.S.C. S 484(e) (1976), requires in part that award shall bomade to the responnible bidder whose bid, conforming to te invitation for bids, will Wi zuoslct advantageoun to the Govera&ent, price and other factors considered. As stated in Martin & Turner, thin language requires award on the baas o the most favorable cost to the Governmont. Generillys prohibiting all-or-none bidn is viewed as inappropriate because it may result in higher cost (in procurements) to the Government. It was for that reason that we viewed the use of the all- or-none prohibition an impropor in Martin &'furner even though the contracting officer had .hqped to enhance coipetition by itn use. We beliee the pro-K hibition is more properly limited to circumstances such as where some items would otherwise have to be awarded at an unreasonable price. Martin M Turner, supa. We point out, for your information, that the needs of small business are recognized in the disposal regulations. Por example, Iederal Proprty Ianageront Regulations (FPR) S 101-45.304-4 (1964 od.) provides. n IS

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