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B-186301 1 (1977-01-06)

handle is hein.gao/gaobadeil0001 and id is 1 raw text is: fre. It It- '.. OATE: ammq 6, ff MATTER OF: OMMI Research, Inc. - Reconsideration DIc3EBT: To sustain claim of unconscionability1 cvidence must show that Government took advantage of contraetor in awarding contract to it. Nere shoring, that contractor suffered contract losses doen not justify claim. ONMI Rasearch, Inc. (0wI) requests reconsidur:;ion of our desision 5-186301,Uctober 19, 19.6, 76-2 CPD 341. The decisiouheld in part hat in spite of,the disparity between OW' aPrice of $6.40 per test .mape ind the next lowest propes d price ft $13.31 per test sample, mo1Lllef could be granted on grounds that the prIce was unconscionable. Wde noted that O1 had been given ample opportunity to verify its proposed price prior to award, and we concluded that it could not justifiably claim that the contracting agency had superior knowledge as to the inadequacy of its proposed price. OWL contends however, that the ,-acord amply demonstrates unconscionabllity. It po:nts out that relief has been granted by this.Office without rejard to fault of ic contractor. It states as follows: 5* *C1I' actual cost of performing the required analyses, which is far in excess of the vuntract:price, Indicatos the unconacion- abilily of the contrict price. The actual cost of performance, $23.0 per sample, is~almost four times the contriet price of $6.40,per sample. Even if one were to ssume some inefficiency on ONNI's part (and there is absolutely nothing to suggest any inefficfency), the magnitude of the difference clearly establishes that the Governrent is getting something for nothing. Thus, the evidence before your Office indicates thats - 1 - -j I. *97,NTMU COMPTROLLEM IENEMAL DCiION OP TMs UNETE eTATEM WASHINGTON. D.C. 20040 a FILE: 5-184301 4a L-

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