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B-186600 1 (1976-09-29)

handle is hein.gao/gaobadcxq0001 and id is 1 raw text is: 



                             THE  COMPTROLLER GENERAL
DECISION                     OF   THE UNITED STATES
                             WASHINGTON, D.C. 20548




FILE:   B-186600                    DATE:   September 29, 1976

MATTER OF: Chrysler Motors Corporation


DIGEST:


     Where agency notifies offeror, by telephone, of relaxation
     of solicitation requirements on the same day that best and
     final offers are due and only written evidence of conversa-
     tion is ambiguous, GAO cannot conclude that offeror was
     given an equal opportunity to compete for contract..

     Chrysler Motors Corporation (Chrysler) has timely protested
to our Office following the rejection of its initial protest to
the General Services Administration (GSA) against the awarding of
a contract to AM General Corporation (AM General) for police patrol
vans under request for proposals (RFP) No. FYPH-M5-A-5952-N-4-27-76.

     Both the initial protest to the agency and the subsequent protest
to this Office were grounded on Chrysler's assertion that GSA had
materially varied a portion of the solicitation's requirements to
its detriment and without its knowledge by reducing the gross vehicle
weight (GVW) requirement for the patrol vans for 8,500 pounds to
8,000 pounds.  GSA admits the reduction, but counters that Chrysler
was informed by telephone of the change in the requirements on the
morning of the day set for best and final offers.

     AM General, one of the two offerors, submitted an offer which
lowered the GVW of the patrol vans from the 8,500 pounds specified
to 8,000 pounds.  The protester's offer was premised upon an 8,500-
pound vehicle.  Upon receipt of initial proposals, GSA notified the
user, the Immigration and Naturalization Service (INS), of the sum
and substance of the two proposals received including the fact that
AM General had offered an 8,000-pound vehicle in lieu of a 8,500-
pound vehicle.  INS was also advised of a discrepancy between the
funds committed and the actual bid prices received * * *. INS
decided, in light of the above, that an 8,000-pound vehicle would
meet its minimum requirements. GSA states that on the next day,
whiCh--also was the day set for best and final offers, it advised
Chrysler by telephone of the Kelaxed requirement and that Chrysler
declined to change its price. Chrysler denies ever receiving the
information with respect to the relaxed requirements.


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