Alleged Improper Contracting Procedures

B-188914: Sep 27, 1977

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The protester alleged that the agency did not comply with proper contracting procedures and with the terms of the request for proposals. The solicitation provided for fixed-price hourly rates, and the agency's acceptance of an offer based on a fixed rate subject to escalation represented a change in the "ground rules" of the procurement which was unfair to other offerors. The agency should amend the solicitation to indicate clearly the Government's requirements and open negotiations so that offers can be submitted on an equal basis.