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B-185302 1 (1977-01-26)

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DATE:  Jainry  26, 1977


3-185302


  MATTER   OF:
               E   Recomndaticn   Concerning Defense Supply
                   Agency Contract Nc. DSA100-76-C-1280
 DIGEST:,1
               Mere  GAG recommeided that.agency examine
               feasibility of terainating improperly awarded
               contract for convenience of 'vernment, agency's
               response establishes grounds Ajr position that
               award should not be disturbed due to urgency of
               supply situation. Therefore, notwithatanding
               doubts concerning methodology used by contract-
               Ing officer in arriving at terminaton for con-
               venience cost eatimate, considering all cir-
               cumstancqs of case GAO cannot conclude that
               recommending termination for convenience would
               be in beat intereuts of Government.

     In Society  i, Inc. Rest         Recderatin, U-185302,
August 30, 1976, 55 Comp. Gen. 1412 (1976), 76-2 CPD 202, our Office
recommended that the Defense Supply Agency (DSA) examine the current
feasbility  of terminating for the convenience of the Government
contka'ct No. DSA100-76-C-1280, vhich was awarded to Propper Inter-
national, Inc. (Propper)., under invitatia for bids (Ifl) No. DSA100-
76-B-0033.  1L an earlier decision we had concluded that Propper
was not eligible for an award under the IFB (Propper International,
Inc.  at al., B-185302, June 23, 1976, 55 Comp. Gen. 1158 (1976), 76-1
CPD 400).

     DSA'responded to our recommendation by letter to our Office
dated September 28, 1976. DSA maintained that it would not be in
the best interests of the Government to terminate Propper's contract
in light of (1) the costs which would be involved (an estimated
$588,782 in relation to a total contract price of $1,317,840), and
(2) the continuing urgency of the supply situation in regard to
the service caps being furnished under the contract (which would
be exacerbated by the delays attendant to making award to a new
contractor).

     The laterested parties were provided with an oportunity to
eoient  on DSA's position. The bidder which apparently would
be in line for an award after a termination, Society Brand, Inc.,
did not coment.   The bidder next in line, Bancroft Cap Corpanr,
Inc. (Bancroft), contests DSA's views.


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