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[Request for Reconsideration of Protest of Failure To Receive Solicitation]

B-214582.2 Published: Jun 19, 1984. Publicly Released: Jun 19, 1984.
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Highlights

A firm requested reconsideration of a GAO decision which denied its protest of a failure to receive a General Services Administration (GSA) solicitation for furniture. As the incumbent contractor under an existing Federal Supply Schedule contract, the protester had mistaken an amendment which it received as applying to its existing contract and signed and returned the amendment but failed to submit a proposal for a new Schedule contract. The protester complained that its failure to submit a proposal was due to its failure to receive the new solicitation. GAO denied this protest. In requesting reconsideration, the protester argued that GAO failed to address its contentions that it should be considered for a new Schedule contract because: (1) it substantially complied with the requirement to submit a proposal; and (2) its furniture is unique. GAO found that the protester's signing and returning the amendment failed to demonstrate its intent to form a binding agreement, and its intent to be bound by the terms of the new solicitation was far from clear. Under these circumstances, GAO found that the protester's contention that it substantially complied with the requirement for submitting a proposal for a new Schedule contract was without merit. Furthermore, GAO found that the protester's contention that its furniture would meet unique agency needs failed to entitle the protester to a new Schedule contract or mean that GSA should waive its timeliness requirements. Accordingly, the prior decision was affirmed.

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