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B-194154 1 (1979-07-09)

handle is hein.gao/gaobadhjn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-194154 DATE: July 9, 1979 MATTER OF: Delora Haidle- Reconsideration co )cC S, () r\J OIGEST: 1. In negotiated small purchase which all parties treated as advertised procurement, contracting officer's application of rules regarding re- sponsiveness and ambiguous bids does not provide basis for overturning award, since it is not clear that protester would have submitted winning proposal and contracting officer acted in good faith in applying advertising rules. 2. Clarification of price, in negotiated small purchase, does not constitute auction; term connotes direct price competition between offerors, not dis- cussions between offeror and Government in which competitive standing with regard to price is not disclosed. Delora Haidle, one of three offerors of janitorial services for the Eureka, Montana, Ranger Station under a solicitation issued by the Forest Service, requests reconsideration of our decision of April 6, 1979. On that date, we summarily denied Mrs. Haidle's protest against award on grounds that her bid had been properly rejected as nonresponsive. We also found her price to be ambiguous. See Delora Haidle, B-194154, April 6, 1979, 79-1 CPD 243. For the following reasons, we find no basis for overturning the award. In Mrs. Haidle's protest and our decision, the solicitation, No. Rl-14-79-5, was erroneously referred to as an invitation for bids, indicating procurement by formal advertising. After the decision was issued, we received a Forest Service report on the protest which reveals that this was a negotiated procurement under the authority for small purchases (under $10,000).

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