B-203193, JUN 3, 1981
Highlights
DIGEST: REQUEST FOR REVISED QUOTATIONS WITHOUT ISSUING NEW REQUEST FOR QUOTATIONS OR AMENDING ORIGINAL ONE UNDER SMALL PURCHASE PROCEDURE BECAUSE OF CHANGED WORK REQUIREMENT IS PROPER EVEN THOUGH ORIGINAL LOW OFFEROR MAY BE DISPLACED AS RESULT. CITY-WIDE CONTENDS THAT THE ARMY SHOULD HAVE MADE AWARD ON THE BASIS OF THE ORIGINAL QUOTATIONS. THAT NEGOTIATION OF THE REVISED REQUIREMENT WITHOUT CANCELLATION AND SOLICITATION WAS IMPROPER. THAT IT IS INCONCEIVABLE THAT THE SUCCESSFUL BIDDER WOULD LOWER ITS PRICE TO REFLECT THE REVISED WORK IN ANY EVENT. THE PROCUREMENT WAS CONDUCTED UNDER THE SMALL PURCHASE PROCEDURES IN DEFENSE ACQUISITION REGULATION SECTION 3. SO LONG AS THERE IS A GOOD FAITH FINDING THAT THE AWARD IS IN THE BEST INTEREST OF THE GOVERNMENT AND THAT THE PRICE IS REASONABLE.
B-203193, JUN 3, 1981
DIGEST: REQUEST FOR REVISED QUOTATIONS WITHOUT ISSUING NEW REQUEST FOR QUOTATIONS OR AMENDING ORIGINAL ONE UNDER SMALL PURCHASE PROCEDURE BECAUSE OF CHANGED WORK REQUIREMENT IS PROPER EVEN THOUGH ORIGINAL LOW OFFEROR MAY BE DISPLACED AS RESULT.
CITY-WIDE PHOTOGRAPHY CONSULTANTS, INC.:
CITY-WIDE PHOTOGRAPHY CONSULTANTS, INC., (CITY-WIDE) PROTESTS AWARD UNDER REQUEST FOR QUOTATION (RFQ) DACW29-80-Q-0133 ISSUED BY THE U. S. ARMY ENGINEER DISTRICT, NEW ORLEANS, LOUISIANA, (ARMY) TO OBTAIN PHOTOGRAPHY SERVICES.
CITY-WIDE CONTENDS THAT THE ARMY SHOULD HAVE MADE AWARD ON THE BASIS OF THE ORIGINAL QUOTATIONS; THAT NEGOTIATION OF THE REVISED REQUIREMENT WITHOUT CANCELLATION AND SOLICITATION WAS IMPROPER; AND THAT IT IS INCONCEIVABLE THAT THE SUCCESSFUL BIDDER WOULD LOWER ITS PRICE TO REFLECT THE REVISED WORK IN ANY EVENT.
THE PROCUREMENT WAS CONDUCTED UNDER THE SMALL PURCHASE PROCEDURES IN DEFENSE ACQUISITION REGULATION SECTION 3, PART 6. SUCH PURCHASES NEED NOT BE AWARDED TO THE FIRM OFFERING THE LOWEST QUOTATION, SO LONG AS THERE IS A GOOD FAITH FINDING THAT THE AWARD IS IN THE BEST INTEREST OF THE GOVERNMENT AND THAT THE PRICE IS REASONABLE. WILLIAM BIG SPRING, JR., B-197321, MAY 6, 1980, 80-1 CPD 330.
HERE, CITY-WIDE STATES THAT THREE FIRMS SUBMITTED QUOTATIONS, WHICH NUMBER CONSTITUTES ADEQUATE COMPETITION UNDER SMALL PURCHASE PROCEDURES. MOREOVER, THE CONTRACTING OFFICER'S DECISION TO CONTACT EACH OFFEROR TO SECURE REVISED QUOTATIONS BECAUSE OF THE CHANGED WORK WITHOUT EITHER ISSUING A NEW RFQ OR AMENDING THE ORIGINAL ONE IS PROPER IN VIEW OF THE INFORMAL NATURE OF SMALL PURCHASE PROCEDURES. FURTHER, THE SUCCESSFUL OFFEROR'S 12.6 PERCENT PRICE REDUCTION ($20.00) IN CIRCUMSTANCES WHERE THE OTHER TWO OFFERORS STOOD FIRM ON THEIR ORIGINAL QUOTATIONS IS NOT UNREASONABLE AND CAN READILY BE EXPLAINED AS AN EXERCISE OF BUSINESS JUDGMENT.
THE PROTEST IS SUMMARILY DENIED.