B-136705, DECEMBER 5, 1958, 38 COMP. GEN. 413

CONTRACTS - NEGOTIATION - LATE LOW OFFERS - ACCEPTANCE - CONTRACT AMENDMENT EXECUTION OF A CONTRACT NEGOTIATED UNDER 10 U.S.C. 2304 (A) (16) WITHIN MINUTES AFTER A NEW LOW OFFER WAS RECEIVED FROM ONE OF THE BIDDERS. A CONTRACT WHICH WAS AWARDED ON THE BASIS THAT NO GOVERNMENT-OWNED TOOLING WOULD BE USED AND WHICH WAS SUBSEQUENTLY AMENDED TO PERMIT THE USE OF GOVERNMENT TOOLING FACILITIES IN CONSIDERATION FOR A PRICE REDUCTION IS NOT IMPROPER IN VIEW OF THE CONTRACTOR'S READINESS AND ABILITY TO PERFORM IN ACCORDANCE WITH THE ORIGINAL TERMS AND EVIDENCE WHICH INDICATES THAT THE BEST INTERESTS OF THE GOVERNMENT WERE SERVED BY THE AMENDMENT WHICH WAS SUPPORTED BY A VALID CONSIDERATION. AFTER PROPOSALS WERE OPENED ON JUNE 6.