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B-208189.3 1 (1983-05-20)

handle is hein.gao/gaobadlbx0001 and id is 1 raw text is: 


                 I ~   .THE COMPTROLLER       E   Rt!
DECISION      .          OF THE UNITED        STATES
                         WASHINGTON. O.C. 2054B




FILE:        B-208189.3        DATE: May 20, 1983

MATTER OF:        Twehous Excavating Co., Inc. -
                    Reconsideration

DIGEST:


      Because only 2 weeks' work remains until con-
      tract will be completed, GAO modifies prior
      recommendation to terminate contract for the
      convenience of the Government. Instead GAO
    recommends that protester be awarded bid
      preparation costs and that agency head take
      steps to prevent future improper solicitation
      cancellation.


      The Department of Agriculture's Soil Conservation
 Service (SCS) requests reconsideration of our decision on
 the protest of Twehous Excavating Company, Inc.,
 B-208189.2, March 17, 1983, 83-1 CPD   . We modify the
 recommendation contained in that decision.

      This is our third decision concerning Twehous'
 protest. In the initial one, Twehous Excavating Company,
 Inc., B-208189, January 17, 1983, 83-1 CPD 42, we found
 that SCS had improperly canceled a solicitation for recon-
 struction of an abandoned strip mine in Randolph County,
 Missouri. The agency believed that its solicitation, No.
 SCS-4-MO-82, had not fully explained how bids would be
 evaluated. We found, however, that an award under the
 solicitation would have served the Government's needs and
 would not have prejudiced any bidders. We therefore
 sustained the protest.

      We requested the Secretary of Agriculture to issue an
 immediate stop work order to Magruder Construction Company,
 the awardee under a revised solicitation, No. SCS-5-MO-82,
 and to determine whether Twehous, the low, responsive
 bidder under the canceled solicitati-n', would be willinr t-
 complete the project at its original bid prices.

       At the time of the initial decision, SCS had advised
 us that costs associated with termination of Magruder's
 contract would be approximately $162,000. Because this






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