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B-195216 1 (1979-06-29)

handle is hein.gao/gaobadhja0001 and id is 1 raw text is: 






                                    THE  COMPTROLLER GENERAL
            DECISIOi      .         OF  THE   UNITED STATES
                                    WASHINGTON, 0.C. 20548



            FILE: B-195216                DATE: June 29, 1979

            MATTER  OF:   Industrial Maintenance Services, Inc.


            DIGEST:


            1.   Protest questioning responsiveness of low
                 bid is denied as low bidder took no ex-
                 ception to any solicitation requirements.

            2.   Protest concerning low responsive bidder's
                 ability to meet contractual requirements
                 at bid price is not for consideration as
                 GAO will not review affirmative determina-
                 tion of responsibility except in circum-
                 stances not applicable here.

                 Industrial Maintenance Services, Inc. (Industrial),
            protests the proposed award of a requirements contractra
            by the Department of the Army to Starlite Services, Inc.0
        _q,_..Starlite), the low bidder under invitation for bids
            (IFB) No. DABTIO-79-B-0099 for custodial services at,
            Fort Benning, Georgia, from July 1, 1979, through June 30,
            1980.  Industrial contends that Starlite's bid of
            $531,261.94 is so low that it cannoE reflect what In-
            dustrial calculates to be the absolute minimum number
            of employees required to perform the services. Indus-
            trial, the fourth low bidder at $629,155.61, also makes
            the same argument with respect to the second and third
            low bidders.

                This case is one in which it is clear from the
           protester's initial submission that the protest is with-
           out  legal merit, and we will decide the matter on the
           basis of this submission without requesting an agency
           report.  See e.g. Fire & Technical Equipment Corp.,
           B-192408, August 4, 1978, 78-2 CPD 91.

                The solicitation's Schedule listed 16 items of
           services, and an estimated number of square feet for each.
           Items 1 through 9 required reference to the IFB's Per-
           formance Schedules for the custodial services, their
           frequencies, and buildings involved with respect to



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