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B-186401 1 (1976-08-26)

handle is hein.gao/gaobaddgq0001 and id is 1 raw text is: 


                           & THE   COMPTROLLER CENERAL
                 .EF .     THE UNITED STATES
                              WASHINGTON, D. C. 20548




 FILE:      B-186401                DATE:     August 26, 1976

 MATTER OF: Supreme Beef Processors, Inc.


 DIGEST:


     Rejection of low offer under RFP was improper without
     conducting discussions with offeror who submitted
     offer on interchangeable basis (If not low inter-
     change Lot 206 with 204) and RFP contained no pro-
     hibition against such pricing. However, as contract
     has been fully performed, no corrective action is
     possible but GAO agrees with recommendation of procur-
     ing agency that future solicitations contain inter-
     changeable price prohibition if found to be in
     Government's best interest.


     Supreme Beef Processors, Inc. (Supreme), has protested the
rejection of its offer under request for proposals (RFP) No. DSAl3H-
76-R-1445, issued by the Defense Personnel Support Center, Philadelphia,
Pennsylvania.

     The RFP was for differing quantities of beef for various instal-
lations around the country. Supreme submitted the following offer
in response to the RFP for the lots under protest:

     Lot

     201                 Ground         $0.8389
     202                 Ground          0.8486
     203                 Ground          0.8456
     204                 Patties         0.8656
     205                 Patties         0.8785
     206                 Patties         0.8556

     If Not Low Interchange Lot 206 with 204
     If Not Low Interchange 201 with 202

     Supreme's offer for lot 206 was not low and award was made to
another firm.  Lot 204 was awarded to another bidder and Supreme
contends that its offer on lot 206 ($0.8556) should have been
considered for lot 204 where it would have been low and award made
to Supreme.


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