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B-176206 1 (1972-12-21)

handle is hein.gao/gaobaddvb0001 and id is 1 raw text is: 





            POMPTROLLER GENERAL. OF THE UNITED STATES
                       WASHINGTON. D.C. 20548


B-176206                                December 21,  1972


                                                     0 995377
Lewis, Mitchell & Moore
Attorneys at Law
Suite 440
600 New Hampshire Avenue, N.W.
Washington, D.C.  20037

     Attention:  John B. Tieder, Jr., Esq.

Gentlemen:

     Further reference is made to your protest on behalf of
Nationwide Building Maintenance, Inc. (Nationride), under
Invitations for Bids (I=-s) Nos. DAIC-30-72-B-0107 and -0138,
issued by the Military District of Washington, Cameron Station,
Alexandria, Virginia.  Originally you had protested against
any award to other than your firm under four  FBs issuled by the
same command, but two of the protests were withdrawn inasmuch
as your client received the awards under those solicitations.

     The s7:ject invitations solicited bids for supplying
custodial services at the Tri-Service Barracks, Fort Meyer,
Virginia, and 16 buildings at Fort McNair, respectively, for
the period of July 1, 1972, through June 30, 1973.  Award has
been made under IFB 0107 to Kentucky Building Maintenance, Inc.
(Kentucky), and to Kleen-Rite Janitorial Services, Inc., under
I-  0133, notwithstanding the protest.  In this regard, you ques-
tion whether the Department of the Army has followed the require-
ments of sections 2-407.8(b)(2) & (3) of the Armed Services Pro-
curement Regulation  (ASPR) in making the referenced aw.ards, While
it is regrettable that you did not learn of the award under  IMB
0107 until August 25, 1972, our Office was informally advised of
the Army's iintention to make the award on July 27, 1972, which
notification  ias ibllowled by our receipt on August 1, 1972, of
copies of the written determination to make the award on the
ground of urgency.  Simmilar reasons were given for the award on
October 20, 1972, under IB  0138, which action you have protested
directly to the Arny.  We therefore have no basis to qucstion the
awarding of the contracts prior to the resolution of your protest,
as it appeares that the referenced regulations were followed.


                                         PUL(iSHED    C
                                         52  Comp.en

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