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B-219886.2 1 (1986-02-05)

handle is hein.gao/gaobadmed0001 and id is 1 raw text is: 



                         THE COMPTROLLER GENERAL
O   CISION    .          OF THE UNITEO STATES
                         WASHINGTON. 0. C. 20548




FILE:   B-219886.2             DATE: February 5, 1986

MATTER OF:     Malco Plastics--Reconsideration


DIGEST:

     Request that GAO revise recommendation that
     agency not exercise any options under awarded
     contract and instead recommend termination
     for convenience is denied since record shows
     that termination of current contract and
     resolicitation would not be in the
     government's best interests.


     Malco Plastics requests reconsideration of our
recommendation for corrective action in Malco Plastics,
B-219886, Dec. 23, 1985, 85-2 CPD I     , in which we
sustained Malco's protest concerning a geographic
restriction imposed by the General Services Adminis-
tration (GSA) for the operation and maintenance of
the United States National Credit Card Program. We
sustained Malco's protest since we found that the
geographic restriction unduly restricted competition.

     GSA awarded a contract despite Malco's protest based
on a determination that the services were urgently needed.
Because of this determination and in view of the startup
period required by a new contractor, we did not recommend
terminating the current contract and resoliciting offers.
Rather, we recommended that GSA not exercise any options
under the contract and conduct a new competition
on a basis that removes the current geographic restric-
tion. In addition, we awarded Malco the costs incurred by
the firm in filing and pursuing the protest.

     Malco contends that terminating the present contract
and resoliciting at this time would still result in a cost
savings to GSA in the current contract year and, as a
result, requests that we reconsider our decision on this
issue. In addition, Malco requests that we direct GSA to
issue the revised solicitation at least 6 months before the
end of the basic contract period so that some of the
problems encountered with the current solicitation might be
avoided. Finally, Malco requests that we reimburse the
firm directly.

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