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B-213408.2 1 (1984-06-28)

handle is hein.gao/gaobadlts0001 and id is 1 raw text is: THE COMPTROLLER GENERAL 0ECIUION OP THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-213408.2 OATE:June 28, 1984 MATTER OF: Orvedahl Construction, Inc.-- Reconsideration DIGEST: Request to withdraw recommendation that agency terminate an improperly awarded contract is denied where termination costs will not be substantial and agency has not provided any other reason which would justify not terminating the contract. The Department of the Air Force (Air Force) requests that we reconsider the remedial action we recommended in Orvedahl Construction, Inc., B-213408, April 10, 1984, 84-1 CPD 405. We will not withdraw our recommendation. Invitation for bids (IFB) No. F32605-83-B072 requested separate bids on five line items to remove and replace windows at Grand Forks Air Force Base. The IFB stated that separate awards would be made to the low bidder on each line item. Orvedahl Construction, Inc. (Orvedahl), submitted the low bids on line items Nos. 3 and 5. The Air Force, however, determined that Orvedahl's bid was non- responsive because it contained a handwritten notation that Orvedahl would not accept contract awards totaling more than $1 million. Contracts for both line items were awarded to Peterson Construction Co. (Peterson), the second low bidder. We sustained Orvedahl's protest against the rejection of its bid and we recommended that the Air Force terminate its con- tract for item 3 with Peterson and award the contract to Orvedahl. The Air Force does not dispute our conclusion that Orvedahl's bid should not have been rejected as nonrespon- sive. The Air Force asserts, however, that because termina- tion costs would be substantial, terminating Peterson's contract would not be in the best interest of the govern- ment. The Air Force states that while at the time we made our recommendation Peterson had not begun to perform the contract, Peterson did place orders to have special windows manufactured as required for the contract. The Air Force states that it will be liable for these windows which are

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