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B-186157 1 (1976-08-10)

handle is hein.gao/gaobaddig0001 and id is 1 raw text is: 



THE  COMPTROLLER GENERAL
OF   THE UNITED STATES
WASHINGTON, D.C. 20548


FILE:   B-186157

MATTER OF: Praxis, Ltd.


           LQ  3
OATE: Auguist 10, 19T61q9-


DIGEST:

     Where available funding increases prior to award,
     funds may be reallocated, even if reallocation
     affects determination of schedule under which
     award is to be made.


     -By invitation for bids (IFB) No. YA-511-IFB6-80, and
subsequent amendments, the Bureau of Land Management (BLM)
of the Department of the Interior solicited bids for the
McGrath Fire Control Station Mess Hall renovation and water
system in McGrath, Alaska. The bid schedule consisted of five
bid items which were assembled in combinations into five sep-
arate schedules. The BASIS OF AWARD clause indicated that
only that schedule would be awarded which would be in the best
interest of the Government.


     Praxis, Ltd., was the low bidder on schedule B.
Contracting was the low bidder on the other schedules.


S & S


     The Praxis bid was determined to be nonresponsive. A
determination was made for an award to S & S on schedule B
in the amount of $286,000 on the basis of funds available in
that amount.  When Praxis learned of the disqualification of
its bid, it protested. As a result of the protest, the Praxis
bid was reviewed by the Department of the Interior Office of
the Regional Solicitor which decided that the bid was respon-
sive.  In view of the determination, Praxis withdrew the protest.
However, an additional $30,000 was made available for the project
and S & S was awarded schedule C in the bid amount of $316,000.

     Praxis has protested that the procurement was engineered
to be awarded to S & S. In that connection, Praxis contends
that the award should have been limited to the amount of $286,000
determined to be available when schedule B was approved for award.
Further, Praxis states that the congressional delegation was advised
initially that S & S would be awarded the contract under schedule B.


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