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B-204144.2 1 (1981-09-08)

handle is hein.gao/gaobabjbj0001 and id is 1 raw text is: 


                  COMPTROLLER GENERAL OF THE UNITED STATES
                           WASHINGTON D.C. 20548




       B-204144.2                            September 8, 1981






       The Honorable Marge Roukema

       House of Representatives

       Dear Ms. Roukema:

            We refer to your letter of August 13, 1981, on
       behalf of Endevco, San Juan Capistrano, California
       concerning the General Services Administration's
       (GSA) rejection of that firm's late offer under
       solicitation No. FCGS-F-90200-N-2-18-81.

            The solicitation was for a multiple award schedule
       contract. You state that you are aware that Endevco's
       late proposal was not considered in view of General
       Accounting Office's recommendation that GSA establish
       firm cut-off dates for the receipt of proposals under
       multiple award schedule solicitations. The reason for
       the recommendation was that without such dates late
       offerors have the chance to learn what their competitors
       are offering before submitting their own offers, and
       thus can gain competitive advantages.

            You suggest that the rationale for our recommenda-
       tion does not apply to Endevco's situation, since the
       contracting activity received the firm's offer only
       five minutes after the time for proposal receipt speci-
       fied in the solicitation, 3 p.m. on February 18, 1981,
       and the offer was in GSA's hands before that time. Also,
       you enclosed with your letter a copy of GSA Federal Sup-
       ply Schedule Procurement Letter No. 324, dated March 13,
       1981, in which GSA stated that after that date it would
       accept a late proposal for a multiple award schedule
       contract if the proposal offers significant cost or
       technical advantages to the Government and is received
       before any awards have been made. The document further
       states that prudent judgment should be used when
       deciding whether to accept a late proposal. Accordingly,
       and since Endevco asserts that the Government would save
       money by accepting the firm's offer, you suggest it would
       be in the Government's interest to consider the offer.

'I /                                     ;
      b-                              I

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