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B-184345 1 (1975-10-10)

handle is hein.gao/gaobadcuq0001 and id is 1 raw text is: ' & THE COMPTROLLER GENERAL DECISION . 'J4, OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-184345 DATE: October 10,1975 l MATTER OF: Minnesota Mining and Manufacturing Company DIGEST: Where ASPR § 2-407.6(a)(2), which applies to advertised procurements, was used in negotiated procurement to determine awardee between two equally priced offerors, but was incorrectly applied thereby leading to improper award,no meaningful corrective action may be taken as contract performance has been completed. However, corrective action is being taken by agency. Request for quotations No. F04699-75-Q-6222 was issued at McClellan Air Force Base for the procurement of magnetic tape. Although the tapes were on the Federal Supply Schedule and thus procurement by formal advertisement would have been possible under normal circumstances, it was determined that an oral solicitation of quotations was necessary so as to permit timely delivery of the items and to prevent a possible work stoppage. The contracting activity confirmed its initial oral solicitation by telegram. The firms, who had submitted prices orally, confirmed their offers by telegram. Graham Magnetics, Inc. (Graham), and the Minnesota Mining and Manufacturing Company (3M), small and large business firms, respec- tively, submitted equally priced quotations. Since negotiations were not otherwise called for, the contracting activity looked to the provisions in paragraph 2-407.6(a)(2) of the Armed Services Procurement Regulation (ASPR)(1974 ed.) (although this was not a formally advertised procurement) to determine which firm should receive award and determined that award, which was subsequently made, should be made to Graham. It is the contention of 3M that the award should have been made to it under the order of priority set forth in the applicable ASPR. Regarding the determination as to whom award should be made when two or more equal low bids are received, the pertinent portions of ASPR § 2-407.6(a)(2) provide as follows: - 1,-

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