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B-186858 1 (1978-01-23)

handle is hein.gao/gaobadfqk0001 and id is 1 raw text is: 




                STHE COMPTROLLER GENEfAL
   DEICISHINM    9, Nt'. %1J  .OF THE UrNITED STATES
                           WASHINGTON. D.C. 2054E



  FILE:    B-186858             DATE:  January 23, 1978

  MATTER   OF: Tymshare, Inc.


  DIGEBT:-
1.   GAO decision recommended that Navy resolicit rather
     than exercising contract options, and Navy then advised
     GAO of its belief that in prevailing circumstances
     reseSicitation for next year's computer timesharing
     services would be impracticable. After review of
     record, no basis is saen for objection to Navy's
     extension of current contract for 9 months. Pro-
     tester's allegations that Navy had no intent to
     comply with or was disregarding GAO recommendations
     are without merit,

2.   Objection that GAO failed to take decisive action
     on behalf of protester to stop procurement action
     by Navy is without merit. GAO has repeatedly rejectsi
     requests that it render interim decisions which would
     afford some type of preliminary relief to protesters
     pending final decisions on merits of protests. More-
     over, issuing final written decision on merits of
     this case prior to Navy's action was not possible
     within time frame involved (June 1.5-21, 1977).
     Proper forum for seeking injunctive relief is
     Eederal courts, not GAO.

3.   Whether Navy should have reopened negotiations
     prior to award to give protester opportunity
     to propose on fixed monthly rate basis for
     timesharing servics--optiona1 pricing arrange-
     ment In successful offeror's revised proposal
     which'Navy intendei tr utilize after making
     award--is moot issue where prior GAO decision
     recommended, for other reasons, that Navy
     reopen nesotiatiorns.

     This is our thiid decision in connection with
contracts awarded under request for proposals (RFP)
No. N00600-76-R-5078, issued by the Washington, D.C.,
Naval Regional Procurement Office, Naval Supply
Systems Command (NAVSUP).


                           - 1-           -.

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