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B-199209 1 (1982-01-26)

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DECISION




FILE: -199209

MATTER OF:


DIGEST;


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There is no discretion or authority
in officers or agents of the Govern-
ment to waive provisions of statute.

Bid determined to be unreasonably
high cannot be said to be that of
otherwise successful bidder which
is entitled to voluntarily reduce
its price after bid opening,

Only purely voluntary and unujolic-
ited price reductions may be accepted
from otherwise successful low bidder;
negotiation or solicitation of lower
offers is not perm~issible. Consequently,
Housing Authority acted reasonably by
not negotiating with any low bidder on
various schedules contained in solic-
itation in effort to reduce bidders'
prices.


     Reservation Industries, Inc. has filed a complaint
against the cancellation of an invitation for bids (IFB)
issued by the Fort Belknap Indian Housing Authority for
the construction of two housing projects in Harlem,
Montana. The construction was to be financed by the Depart-
ment of Housing and Urban Development (HUD) pursuant to
an annual contributions contract (ACC). We find no merit
to the complaint.

     The solicitation provided as follows:


    Separate bid proposals will
in this set of specifications as


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be included
follows:


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        -  THE COMPTROLLEfl GENERAL
           OF THE UNITEO         TATIEB
   Ir...   WABHILTDNHD, .0. 20548




                DATE: January 26, 1982

Reservation Industries, Inc.


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