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B-275803 1 (1997-03-31)

handle is hein.gao/gaocrptafvq0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a I GAO Protective Order. This version has been approved for public release. Matter of: Dorris, Helen, and William McMurtry File: B-275803; B-275803.2 Date: March 31, 1997 Mark S. Sifferman, Esq., Norling, Kolsrud, Sifferman, Svejda & Davis, for the protester. Thomas A. McCarville, Esq., for McCarville, Cooper & Vasquez, an intervenor. Emily C. Hewitt, Esq., Donald R. Jayne, Esq., and Marilyn M. Paik, Esq., General Services Administration, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. The issuance of an unsigned lease document by a contracting officer to an offeror does not constitute an award of a contract to that offeror where the letter accompanying the lease clearly indicates that no contract will arise unless the government signs the lease and the government never signed the lease. 2. An agency properly reopened discussions to address existing proposal deficiencies with, and obtain proposal revisions from, all offerors in the competition where no proposal is acceptable under the solicitation and eligible for award, and the solicitation has been amended in a material manner; under such circumstances, there is no improper technical leveling in reopening discussions. 3. Where a solicitation for leased space defines a late proposal as one received after the due date for submission of best and final offers (BAFO), a protest alleging that a proposal is late if received after the date for submission of initial proposals, but before the BAFO date, constitutes a protest based upon an alleged impropriety in a solicitation apparent prior to the time set for receipt of initial proposals, which is untimely if not filed prior to the time set for receipt of initial proposals.

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