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B-277069 1 (1997-08-29)

handle is hein.gao/gaocrptagax0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Crawford Laboratories

             File:       B-277069

             Date:       August 29, 1997

             David Schmetterer for the protester.
             Marie Adamson Collins, Esq., General Services Administration, for the agency.
             Win. David Hasfurther, Esq., and Michael R. Golden, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             Protest is sustained where agency provides no rational basis for its determination of
             price reasonableness of contract awards for primer coatings at prices more than
             double the award prices under the prior procurement for the same items.
             DECISION

             Crawford Laboratories protests the award of contracts under invitation for bids
             (IFB) No. TFTP-96-DJ-8009, issued by the General Services Administration (GSA)
             for primer coatings. Crawford contends that it was improperly not given the
             opportunity to compete for these items, that the award prices were unreasonable,
             and that the procurement should be recompeted.

             We sustain the protest because the agency has provided no rational basis for its
             price reasonableness determination.

             An October 23, 1996, Commerce Business Daily (CBD) synopsis of the procurement
             advised that the IFB would be issued on or about November 1, 1996, and that the
             contract performance period was January 1, 1997, through December 31, 1998. The
             IFB was issued on November 8, soliciting prices on four items covering GSA's
             estimated requirements for the period of January 1, 1997 (or the date of award if
             later) through July 31, 1998. By facsimile of October 30, Crawford requested a copy
             of the JFB. While GSA states that a copy of the IFB was most likely sent to
             Crawford, it has no proof that it was sent. Crawford was not on the bidder's list for
             the IFB--even though it was the incumbent contractor on three of the four items.
             On December 11, four bids were submitted on items 2 through 4, the only items
             relevant to this protest. Line items 2 and 3 each included two subline items:
             subline item (a) for five gallon cans and subline item (b) for one gallon cans; line
             item 4 covered only one gallon cans. One of the offerors requested withdrawal of
             its bid, which subsequently expired and was not further considered. The remaining
             three bids were as follows:

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