BELIEVES THAT THE USE OF THE TELEPHONE MESSAGE OF A TELEGRAM MODIFYING A LATE RECEIVED BID WAS PROPER IN THESE CIRCUMSTANCES. GAO IS NOT PREPARED TO CONCLUDE THAT THE CONTRACTING OFFICER ABUSED HIS DISCRETION IN REACHING HIS DECISION. ESQUIRE: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 13. THE NATIONAL BID AND THE ACTUAL TELEGRAM WERE BOTH RECEIVED AFTER BID OPENING AND REJECTED AS LATE. HELD THAT...

THE CONTRACTING OFFICER REJECTED THE BIDS BECAUSE ALL WERE BELOW THE CURRENT MARKET APPRAISAL (CMA) VALUE OF THE SHIP. BECAUSE OF A HIGHER BID RECEIVED FROM NATIONAL METAL AND STEEL CORPORATION WHICH WAS PHONED IN LATE BY THE TELEGRAPH COMPANY. THERE IS NO REGULATION WHICH PROHIBITS ITS USE FOR PRICE COMPARISON PURPOSES AS WAS DONE HERE. FINDS THAT THE CANCELLATION OF THE SOLICITATION WAS A REASON...