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B-184186 1 (1976-02-03)

handle is hein.gao/gaobaddre0001 and id is 1 raw text is: - THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES VWASHINGTON, O. C. 20548 FILE: B-184186 DATE: February 3,1976 MATTER OF: Nationwide Building Maintenance, Inc. DIGEST: q9s-4 1. Authority in FPR § 1-3.805-1(a)(5) to make award on initial proposal basis operates only to permit acceptance of proposal exactly as initially received. Consequently, award, incor- porating revised cost proposal submitted by successful offeror in response to call for best and final offers (which consti- tuted negotiation), was not made under initial proposal authority. 2. GSA did not conduct meaningful negotiation with unsuccessful, albeit competitive-range, offeror, since it did not explore purported deficiency in phase-in costs. 3. Although defects in negotiation procedures would ordinarily prompt recommendation that contract be terminated, if contractor was not successful after further round of negotiations, recom- mendation is not made considering unusual circumstances of case. 4. Since question whether negotiated award method is proper for GSA's awards of janitorial services is of widespread interest, given number of janitorial services' awards made by GSA and number of protests pending involving negotiated janitorial services' awards, protest will be considered even though untimely raised under Bid Protest Procedures. 5. Notwithstanding desired use of negotiated award method for given procurement or range of procurements, negotiation must be objectively justified in view of statutory preference (41 U.S.C. § 252(c) (1970)) for formal advertising. 6. None of exceptions to formal advertising (as set forth in 41 U.S.C. § 252(c)(l)-(15) (1970)) expressly authorizes use of negotiations only to secure desired level of quality of janitorial services or to obtain incentive-type contract. Moreover, analysis of legislative history of Federal Property and Administrative Services Act (40 U.S.C § 471 (1970)), under which questioned negotiated award of services was made, shows that Congress specifically rejected proposal to permit negotiation to secure desired level of quality of supplies or services. PUEUSHED DECISION~ - 1-

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