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B-196659.2 1 (1981-02-06)

handle is hein.gao/gaobadjca0001 and id is 1 raw text is: - THE COMPTROLLER GENERAL DECISIONi .flI . OF THE UNITED STATEB S WASHINGTON, 0 C 20548 FILE: /B-196659 2 DATE: February 6, 1981 MATTER OF: Garrett Enterprises, Inc. -- Reconsideration DIGEST: Decision holding that procedure requir- ing post-bid opening submission and negotiation of unit prices for indefi- nite quantity-type contract solicited by formal advertising is improper is affirmed since procedure is not consistent with legal requirements governing formal advertising. The Navy has requested reconsideration of Garrett Enterprises, Inc., B-196659, September 29, 1980, 59 Comp. Gen. , 80-2 CPD 227. That decision held that the Navy's procedure in soliciting bids and letting an indefinite quantity-type contract for sewer mainte- nance services violated 10 U.S.C. § 2305(c)(1976), the pertinent statute governing contract awards in formally advertised procurements. As explained in our prior decision, the solicita- tion included a Schedule of Prices which listed 132 items of work, an estimated quantity for each, and spaces to enter unit prices, extended prices and a total bid. How- ever, firms were to submit only total bid prices before- the opening date. The low bidder on that basis then would have 10 days after bid opening, and prior to award, to submit a completed Schedule of Prices; the sum of the extended bid prices for each line item listed therein had to equal the total bid initially submitted. If approved by the Officer in Charge of Construction, the Schedule of Prices would be part of the contract and provide

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