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B-284117 1 (2000-02-22)

handle is hein.gao/gaocrptakzn0001 and id is 1 raw text is: 



                  -e GeAtOa
 E                                                            Comptroller General
                                                               of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter of: G.E.G. Sugar Blues & Noe's Colors

         File:      B-284117

         Date:      February 22, 2000


         Elvira Grajales for the protester.
         Catherine Morris, Esq., Defense Logistics Agency, for the agency.
         Jennifer D. Westfall-Mc Grail, Esq., and Christine S. Melody, Esq., Office of the
         General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Where request for quotations did not contain a provision advising that quotations
         must be submitted by a certain date to be considered, the contracting agency should
         have considered the protester's low quotation received prior to award since no
         substantial activity had transpired toward award and other offerors would not have
         been prejudiced.
         DECISION

         G.E.G. Sugar Blues & Noe's Colors (Sugar Blues) protests the issuance of a purchase
         order for women's shirts to Clemson University Clemson Apparel Research under
         request for quotations (RFQ) No. SPO100-99-Q-4249, issued by the Defense Logistics
         Agency, Defense Supply Center Philadelphia (DSCP). The agency refused to
         consider Sugar Blues' quotation, which was lower in price than Clemson's, because it
         was unable to confirm that the quotation had been received prior to the date
         specified in the RFQ. Sugar Blues contends that its quotation was submitted prior to
         the specified date and thus should have been considered.


We sustain the protest.

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