Modification to Proposal Allowed after Closing Date

B-188399: Aug 17, 1978

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Ralph O. White
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Kenneth E. Patton
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A protester to a contract award asserted that the agency improperly conducted discussions with the awardee after the closing date for the best and final offers. The protest was sustained because the rule that the Government may at any time accept more favorable terms did not apply where acceptance of the amended proposal permitted the offeror to make an unacceptable proposal acceptable after the closing date. The agency should terminate the existing contract and reopen negotiations and also review the evaluation formula used to determine the lowest priced offer to assure that it reflects reasonable expectations.