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B-239569.2 1 (1991-02-13)

handle is hein.gao/gaobadnvk0001 and id is 1 raw text is: LComptroller General of the United States Washington, D.C. 20548 Decision Matter: General Services Administration--Reconsideration File: B-239569.2 Date: February 13, 1991 Robert C. MacKichan, Jr., Esq., and Amy J. Brown, Esq., General Services Administration, for the agency. Donald E. Barnhill, Esq., and Joan K. Fiorino, Esq., East & Barnhill, for IBI Security Service, Inc., an interested party. Robert C. Arsenoff, Esq. and John Brosnan, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Prior decision is modified to delete recommendation that agency's requirements be resolicited without a clause placing a ceiling on option year price adjustments for increases in Service Contract Act wage rates, and that options under awardee's contract not be exercised, since the agency has obtained a deviation to the Federal Acquisition Regulation, which removed the single legal impediment to using the ceiling clause and has, thus, obviated the need for the recommended corrective action. 2. Protester's entitlement to the costs of filing a protest is unaffected by agency's good faith reliance on the validii,' of a solicitation clause which was found not to be authorized by the Federal Acquisition Regulation in earlier decision; the purpose of awarding costs is not to impose a penalty on the government but to reimburse the protester with valid claims for pursuing them. DECISION This matter involves a request for reconsideration by the General Services Administration (GSA) concerning the award of protest costs as well as a request for modification of the corrective action recommended in our decision: IBI Sec. Serv., Inc., B-239569, Sept. 13, 1990, 69 Comp. Gen. , 90-2 CPD T 205. IBI protested invitation for bids (IFB) No. GS-05P-90-GAC- 0070, issued by GSA for guard services to protect buildings in the State of Wisconsin.for a 1-year base period with two 12-month options. The protester raised numerous objections

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