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B-204144 1 (1981-08-18)

handle is hein.gao/gaobabkdt0001 and id is 1 raw text is: 



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



B-204144                                         August 18, 1981








The Honorable Harold C. Cap Hollenbeck

House of Representatives,,

Dear Mr. Hollenbeck:

     We refer to your letters of July 16 and July 31, 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.

     Your letters indicate that the solicitation was for a mul-
tiple award schedule contract. You state that GSA advised you
that Endevco's proposal could not be considered because it did
not come within any of the exceptions to the rule against the
consideration of late offers in Federal Procurement Regulations
(FPR) S 1-3.802-1 (1964 ed.). GSA also advised you that the
agency adopted the rule in FPR § 1-3.802-1 for application to
multiple award schedule contract solicitations in response to
May 2, 1979 and August 22, 1980, recommendations by our Office
that GSA establish firm cut-off dates for the receipt of pro-
posals under those solicitations. GSA points out that the
reason for our recommendations was that without firm cut-off
dates late offerors can gain competitive advantages because
they have the chance to learn what their competitors are offer-
ing before submitting their own offers.

     You suggest that the rationale for our recommendation
does not apply to Endevco's situation, since GSA received
the firm's offer only five minutes after the time for pro-
posal receipt specified in the solicitation, 3 p.m. on Feb-
ruary 18, 1981. 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 con-
sider the offer.







                     62/    /17

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