About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-216315.2 1 (1984-12-04)

handle is hein.gao/gaobadmav0001 and id is 1 raw text is: 

                   ~~LZ 04 THE COMPTROLLER GENERAL        4AY

OECISION               . OP THE UNITEO STATES
                         WASHINGTON, 0.C. 20548
                 INITQ


FILE: B-216315.2              DATE: December 4, 1984

MATTER OF: ISS Enercy Services, Inc.--Reauest for
                Reconsideration

OIGEST:



     GAO will affirm dismissal of protest aaainst
     propriety of cost comparison performed
     pursuant to OMP Circular A-76 when solici-
     tation contained provision setting forth
     administrative review procedure that pro-
     tester did not exhaust.


     ISS Eneroy Services, Inc. requests regonsideration
of our decision IqS Energy Services, Inc.,/S-216315,
Sept. 17, 1984, 84-2 CPD   305, reqardinq'contract No.
GS-11C-40321. That decision involved alleged defi-
ciencies in a cost comparison performed by the General
Services Administration (GSA) in accordance with Office
of Management and Budget Circular A-76.

     We affirm our dismissal of the orotest because IS
did not first exhaust available administrative review
procedures to challenqe the wage rate determination
used by GSA in calculating the cost of mechanical
maintenance and operational services for various build-
inqs in Washinqton, D.C.

     ISS insists that GSA has no administrative review
procedures and therefore the requirement for exhaustion
is inapolicable. Apparently, however, ISS overlooked a
provision in the solicitation expressly setting forth
an appeal procedure. This provision, on page I-A-2 of
the solicitation, afforded all interested parties 10
working days after bid opening in which to submit
questions concerning calculation of the cost compar-
ison. During this period, no final determination


n iO 7O

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most