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B-183193 1 (1975-06-16)

handle is hein.gao/gaobadchy0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-183193 DATE: June 16,1975 MATTER OF: Connelly Containers, Inc. DIGEST: 1. Negotiation procedures, unlike formal advertising procedures, are designed to be flexible and informal, thereby permitting consideration of an offer which departs from requirements of RFP if offer is most advantageous to Government, and all other offerors in competitive range are apprised of relaxation of requirements and afforded equal opportunity to sub- mit new proposal on technical basis comparable to that of most advantageous proposal. 2. Allegation that negotiations were improperly conducted, in that written amendment to RFP detailing elimination of post-consumer waste requirement was not forth- coming, first raised after closing date for receipt of proposals, is untimely and not for consideration as issue of this nature must be raised before closing date for receipt of proposals pursuant to 4 C.F.R. § 20.2(a). On October 17, 1974, request for proposals (RFP) No. CH-FD- 75-031 was issued by the General Services Administration (GSA) for the supply of fiberboard boxes. Since an exigency need existed for the boxes, the procurement was negotiated in accordance with Federal Procurement Regulations (FPR) § 1-3.202 (amend. No. 32, March 1967). The RFP requested the submission of proposals prior to November 20, 1974. Four offers were received in response to the RFP. The low offer was submitted by Tri-Wall Containers, Inc. (Tri-Wall), how- ever, Tri-Wall predicated its offer upon supplying boxes containing no post-consumer waste materials. The RFP, on the other hand, required that the boxes in question have a minimum reclaimed fiber content of 25 percent, 5 percent of the total weight being post- consumer wastes. - 1 -

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