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B-213195.2 1 (1984-05-01)

handle is hein.gao/gaobadlrg0001 and id is 1 raw text is: ~THE COMPTROLLER SEIMENAL O ClISION ' OP THE UNITED STATES WASHINGTON. D.C. 20540 FILE: OATE: May 1, 1984 B-213 195.2 MATTER OF: Greer Medi-Care Service, Inc. DIGEST: When request for reconsideration contains no factual or legal grounds upon which the prior decision should be altered, GAO affirms decision holding that consideration of prompt-payment dis- counts was proper where the solicitation includes a provision for evaluation of prompt-payment dis- counts, contrary to recent prohibition in FPR, and the bidders compete on this basis without timely protesting the inclusion of the provision. Greer Medi-Care Service, Inc. (Greer), requests reconsideration of our decision in Greer Medi-Care Service, Inc., B-213195, March 26, 1984, 84-1 CPD We held that, although the Federal Procurement Regulatio-ns (FPR) direct agencies no longer to consider prompt-payment discounts offered by bidders when evaluating bids, where the solic- itation includes a provision for evaluation of prompt- payment discounts and the bidders compete on this basis without timely protesting the inclusion of the provision, the protester may not complain when discounts are considered in the evaluation of bids. We affirm our prior decision. In its request for reconsideration, Greer alleges that, since it was following FPR § 1-2.407-3, as amended by FPR amendment 223, September 20, 1982, which provides that agencies may no longer consider prompt-payment discounts offered by bidders when evaluating bids, when it submitted its bid, it was not aware that the agency was considering such discounts in the evaluation of bids until it was informed that the awardee's bid had been accepted after consideration of a prompt-payment discount. Greer thus argues that the alleged solicitation impropriety was not apparent prior to bid opening and that its protest was, therefore, timely against the agency's consideration of prompt-payment discounts. 0 271p _ t% -a ? k n

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