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B-183957 1 (1975-12-29)

handle is hein.gao/gaobadduc0001 and id is 1 raw text is: 7 *THE COMPTROLLER GENERAL DECISION . '2zA- . OF.THE UNITED STATES A WASHINGTON, D.C. 20548 FILE: B-183957 DATE: December 29, 1975 MATTER OF: Dynamic International, Inc.--request Oq 9 for reconsideration DIGEST: 1. Recommendation in B-183957, October 6, 1975, 55 Comp. Gen. , 75-2 CPD 212, that contract be terminated for convenience of Government is sustained notwith- standing contractor's allegation that termination would be costly to Government since practicalities attendant to termination were considered in arriving at recommendation. 2. Contractor's allegation that there is appearance of affiliation between first and third low bidders so as to jeopardize integrity of competitive bidding system is unfounded since no evidence has been shown to prove that bids were not arrived at independently. The two bids in question did not give either firm an unfair competitive advantage or prejudice Government or other bidders. 3. GAO cannot determine that contract was nullity and contractor should consequently be paid on quantum meruit basis since contractor did not contribute to mistake resulting in award nor was it on direct notice before award that procedures being followed were improper; therefore, award cannot be considered plainly or palpably illegal. Dynamic International, Inc. (Dynamic), requests reconsideration of our decision Commercial Sanitation Service, B-183957, October 6, 1975, 55 Comp. Gen. __, 75-2 CPD 212, which sustained the protest of Commercial Sanitation Service (Commercial) against the award of a contract to Dynamic to operate a refuse collection and disposal service for NORAD Cheyenne Mountain Complex and Fort Carson, Colo- rado, under invitation for bids (IFB) No. DAKFO6-75-B-0106, issued by the Department of the Army. We held that where a prompt payment discount is offered by a bidder in a bid where a bid bond is required, the amount of the bond . - .- - 1- .

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