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B-181723 1 (1975-07-10)

handle is hein.gao/gaobadcgb0001 and id is 1 raw text is: 
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                   OV.LER  C.
                             THE  COMPTROLLER GENERAL
DEPCISION                    OF   THE UNITED STATES
                             VVASHINGTON, D.C . 2054B




FILE:   B-181723                   DATE:    July 10, 1975

MATTER OF:      Graphical Technology Corp.


DIGEST:

     In view of new facts presented by agency on issue neither
     raised by any party to original protest nor in any way
     dispositive of protest, but upon which GAO observation
     was made, that portion of previous decision is withdrawn.


     In  our decision Graphical Technology Corporation, B-181723,
 March 27, 1975, at pages 12-13, in discussing a matter which was
 not an issue in the protest, we observed that:

           Although not raised by any party, we wish to
      point out a deficiency relating to the conduct of
      negotiations. The proposal of Electronics [Associ-
      ates, Inc.] was included within the competitive
      range after the initial technical evaluation. The
      procuring activity did not hold discussions with
      that firm because of their extremely high price.
      However, discussions were held with Hughes and GTC,
      and the other offerors considered to be in the com-
      petitive range, and Electronics was given the oppor-
      tunity, along with Hughes and GTC, to submit a best
      and final offer. It appears that a best and final
      offer was received from Electronics; however, the
      administrative report states that after receipt of
      the best and final offers from Hughes and GTC 'it
      was determined that Electronics was no longer to be
      considered to have a reasonable chance for an award
      because of their unusually high price and their pro-
      posal was eliminated from the zone of consideration.'

           ASPR § 3-805.1(a) (1974 ed.) provides, except
      in certain situations not relevant here, that 'Written
      or oral discussions shall be conducted with all respon-
      sible offerors who submit proposals within a competitive


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