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B-188399 1 (1978-08-17)

handle is hein.gao/gaobadghl0001 and id is 1 raw text is: -S -. .6 0- F2CIDIhV oII T~Zx V tt. t' THEtSCOMPTROLLnFPcI'NERAL 0f1 THEi UNlrITEDl SATEER WASII I N GTON P .. 0540 B-188399 DATEAugust 17, 1978 MATTEiR OF; Ampex Corporation MIGEEiT; 1,i ul? that Government may at any time accept unilateral reduction in price, or other terms more favorable to it, does not apply where result of accepting amended proposal would be to permit offeror to make unacceptable proposal acceptable after closing date, 2. Where award was improper, corrective action is recommended, Moreover, present record indicates need for GSA to review evaluation formula used to determine lowest priced offer, to assure that formula reflects its reasonable expecta- tions regarding the number, size and nature of the equipment which would be puschased. The Ampex Corporation protests the General Services Administration's (GSA's) award to Cambridge Memories, Inc..(Cambridge) of a mandatory requirements contract for DEC PDP-10 replacement memory under REP GSC-CDPR-T-0028, items 18 and 19. Among'other allega- tions, Ampex asserts that discussions were improperly conducted with Cambridge after the closing date for best and final offers. Essentially the evidence is not in dispute. Although Cambridge initially proposed a'uniform rental rate for the term of the lease, it departed from that approach in its best and final offer submitted July 7, 1977, by proposing a dual rate structure. This would have required that a using activity pay rent at a significantly higher rate during the first 6 months of the lease, over what it would pay thereafter. After evaluating this proposal, GSA informed Cambridge that it believed a substantial change in lease rates during a fiscal year could create problems in agency funding and payment procedures. Although the closing date for receipt of best and final offers FILE:; A I , I -

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