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[Protest of GSA Rejection of Proposal To Rent Copy Machines]

B-216288 Published: Jan 29, 1985. Publicly Released: Jan 29, 1985.
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Highlights

A firm protested the General Service Administration's (GSA) rejection of its proposal to rent copy machines. The protester submitted its proposal for rental prices; however, it failed to offer prices for purchases. The protester contended that, when it offered to include purchase prices during the negotiation, GSA refused to permit it to do so. The protester further contended that the solicitation did not state that the machines could be offered only on a rental/purchase basis, and that rental-only offers had been accepted in the past. GSA stated that it is uneconomical to rent copy machines for extended periods without an option to purchase. Furthermore, Federal Property Management Regulations provide that options to purchase must be included in lease contracts for copy machines. GSA also believed that a late proposal provision included in the solicitation prohibited the acceptance of a price which was not included in the original proposal. GAO agreed with the agency that the solicitation specifications prohibited the acceptance of the protester's late offer. Furthermore, GAO found that the solicitation required both rental and purchase prices. Finally, the protester failed to provide evidence to support its contention of previous rental-only contracts, and erroneous actions taken in prior procurements do not have a binding effect upon an agency in subsequent procurements. Accordingly, the protest was denied.

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