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B-193071 1 (1979-01-10)

handle is hein.gao/gaobadgul0001 and id is 1 raw text is: 





DECISION





FILE:   B-193071


STHE   COMPTROLLER GENERAL
  OF   THE UNITED STATES
  WASHINGTON. 0.C. 20548


// '1 ~


DATE:   January 10, 1979


MATTER OF: National Reporting Company


DIGEST:

1.   By inference, paragraph 9 of Solicitation Instructions
     and Conditions, SF 33-A, attached to formally advertised
     supply and service contract, requires consideration of
     prompt payment discount offering 20-day time period in
     evaluation of bids for award.

2.   Issue of propriety of applying prompt payment discount
     provision in evaluation of bids, in light of alleged
     tardy Government payment history, untimely when raised
     after bid opening.

     National Reporting Company (National) protests an award to
Acme Reporting Company (Acme), as low bidder under solicitation
No. 78-1184, issued by the Civil Aeronautics Board for reporting
services.  The bids were opened on September 27, 1978. Protest
was filed in this Office on October 3, 1978.


     National contends that on the basis' of the bid prices
submitted, it was low bidder, and that the agency erred in
reducing the amount of Acme's bid price below that of National's
   subtracting the prompt payment discount offered by A        o1
Acme's submitted bid.     -      -       -

     Alternatively, the protester argues that paragraph 9 of
SF 33-A prohibits consideration of a prompt payment discount in
determining the lowest bid, and that if the discount provision
does require such consideration, it should not be applied in the
face of the Government's alleged tardy payment-history.


)


     Block 9 of t
part. as follows:


All offers


he basic bid form, SF 33, reads, in pertinent


are subject to the following:


1.  The Solicitation Instructions and Conditions,
    SF 33-A.      f



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