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B-180247 1 (1974-07-11)

handle is hein.gao/gaobadcdh0001 and id is 1 raw text is: 



DIECISIO





FILE:   B-180

MATTER OF


DIGEST:


N





~247


1L
          THE   COMPTROLLER GENERAL
          LOF  THE UNITED STATES
          WASHINGTON, 0. C. 20546


4 0 43 ca


DATE:   July 11, 1974


    Bristol Electronics, Inc.; E-Systems, Inc.,
    Memcor Division

Contract should not have been awarded to
offeror who quoted option price in excess of
ceiling in RFP, since it was prejudicial
to other offerors and contrary to best
interests of Government, and therefore,
negotiations should be reopened to either
cure deviation in accepted proposal or
to issue amendment to RFP deleting option
price ceiling, notwithstanding action will
amount to auction technique, as GAO does
not believe that improper award must be
allowed to stand solely to avoid impli-
cations of auction situation.


     On November 27, 1973, request for proposals (RFP) No. DAABO5-
74-R-0362, was issued by the United States Army Electronics
Command (ECOM), Philadelphia, Pennsylvania. The RFP solicited
proposals for a specified quantity of AN/PRC ( ) radio sets
and RT-841 ( )/PRC transmitters, and included an option provision
for the purchase of up to an additional 100 percent of the
specified quantity of items.


     In response to the RFP, five proposals were
Ranked in order of price from lowest to highest,
follows:

     Cincinnati Electronics Corp. (Cincinnati)

     Bristol Electronics, Inc. (Bristol)

     Sentinel Electronics, Inc. (Sentinel)

     Electrospace, Inc. (Electrospace)

     E-Systems, Inc. (MEMCOR Div) (E-Systems)


- 1 -


submitted.
they were as


pUBUISIED DTCMSICN
54 parnp. Gen .........


CV.5-.241

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