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B-190074 1 (1978-04-25)

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                 FILE:   D-190074               DATE: April 25, 1978

                 MATTER   OF:   Chemical Technology, Inc.

                 DIGEST:
                 1.  Incumbent contractor's protest concerning
                     ambiguities in IPH will not be considered
                     by GAO where claims uased on same issues
                     were previously filed by incumbent con.
                     tractor under identical contractual pro-
                     visions as those protested and are
                     currently pending before contract appeals
                     board.

                 2.  iFS provision in mess attendant services
                     contract alloying Government to assign
                     military personnel to perform services
                     where contractor fails to maintain adequate
                     level of services does not result in
                     illegal personal services contract.

                 3.  Inclusion of typical meal preparation
                     worksheets in IFB was clearly for
                     informational purposes only and did not
                     render IFB ambiguous.

                     Invitation for bids (IFB) No. N00123-77-B-1132
                was issued on June 15, 1977, by the Naval Regional
                Procurement Office, Long Beach, California, for
                mess attendant services to be provided for the
                period October 1, 1277, through September 30, 1978,
                with an option for two additional years.  The IFS
                established September 8, 1977 as the bid opening
                date.

                    In a mailgram dated August 23, 1977, Chemical
                Technology, Inc. (CTI), the incumbent contractor,
                advised the contracting officer that it believed
                there were ambiguities in the IP1 and requested
                clarification.  Specificlly,  the mailgram con-
                tained twenty-five detailed qutiBtions concerning
                various provisions of the solicitation.  Amendment
                0002 to the IFB, extending the bid opening date to
                September 22, 1977, and incorporating CTI's
                August 23, 1977 questions and the Government's


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