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B-178701 1 (1975-11-20)

handle is hein.gao/gaobadcsk0001 and id is 1 raw text is: IF R STHE COMPTROLLER! GENERAL DECISION .-. OF THE UNITED STATES WASHINGTON. D. C. 20548 FILE: B-178701 DATE: November 20, 1975 MATTER OF-Tombs & Sons, Inc.--Request for Reconsideration DIGEST: 1. July 15 decision, holdingthat contract was improperly awarded, is sustained notwithstanding contention that * case cited, Prestex, Inc. v. United States, is inappli- cable, since read as a whole, case enunciates rule of * law that contract awarded must be contract advertised. Air Force postaward contract modification to reflect higher wage determination issued approximately 3 months before award, was tantamount to awarding different con- tract than one advertised because Air Force knew it would apply new wage rate to contract performance. 2. Proper way to determine effect of new wage rates is to recompete rather than assume new rates would affect bidders equally and, therefore, failure to resolicit using new wage rates issued after bid opening and before award with intention of adjusting contract price after award to reflect wage rate changes was improper notwith- standing contention that wage rate changes would not affect competition. 3. Option exercised 4 days before decision holding it should not be exercised, should be terminated for convenience despite termination costs and reprocurement time entailed since such action is deemed necessary to maintain the in- tegrity of the competitive bid system. Tombs & Sons, Inc. (Tombs), has requested that we reconsider our decision, Dyneteria, Inc., 55 Comp. Gen. (B-178701, July 15, 1975), 75-2 CPD 36. While the decision discussed several issues, Tombs questions the basis for our recommendation that the option to its contract not be exercised. The July 15 decision dealt with an invitation for bids (IFB) for full food services at Lowry Air Force Base, which incorporated by reference the provisions of the Service Contract Act of 1965 (41 U.S.C. § 351 (1970)), as required by Armed Services Procurement - 1- q977 as- -6 5IF 7 0 5_

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