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B-203257.2 1 (1981-09-18)

handle is hein.gao/gaobabken0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 B-203257.2 September 18, 1981 Security Assistance Forces & Equipment oHG P.O. Box 800 826 D-623 Frankfurt/Main 80 Federal Republic of Germany Gentlemen: We refer to your letter of August 11, 1981, requesting that we reconsider our decision Security Assistance Forces & Equipment, oHG, B-203257, August 3, 1981, 81-2 CPD , in which we denied in part and dismissed in part your protest against the issuance by the U.S. Command, Berlin and U.S. Army, Berlin, of a delivery order to Siemens AG for smoke detectors. We find no basis to alter our decision. Your original protest asserted that Siemens AG's offer was higher than yours and thus that if the award price was lower than your offered price the procuring activity must have negotiated the lower price improperly. You also protested that the contractor was not meeting the delivery schedule stated in the solicitation, which the Army should have known would happen before it awarded the contract. We denied the protest on the first issue because the record before our Office showed that Siemens AG's original offer was lower than yours. (Also, the Army reported that no negotiations were conducted under the solicitation.) Regarding the second matter, the record showed that Siemens AG agreed in its offer to the four-week delivery schedule, but that the date for the delivery of the items in fact was extended after award. We dismissed your protest on the issue, however, because there was nothing to suggest that the Army awarded the contract with the intention to alter the delivery schedule after award to the prejudice of the other competitors, or that the change was so sub- stantial that it distorted the competition on which the award was based. /D i ( 2*

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