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Protest of Award to Lowest Bidder on Grounds of Untimeliness and Leniency

B-186313 Published: Dec 09, 1976. Publicly Released: Dec 09, 1976.
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Company protested early opening of its bid, late filing of competitor's ultimate final bid because of error to be corrected on initial final bid, and alleged leniency on competitor's benchmark tests. The protests on early opening and late filing will not be considered on grounds of untimeliness. No leniency could be discovered, but competitor's approximation of error amount and its use of equipment other than that used in the benchmark tests, render its bid unacceptable. Therefore, a new round of negotiations should be allowed. Competitor will not receive discontinuance costs, because they are not allowed under statutory authority. (SS)

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