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B-280945 1 (1998-12-04)

handle is hein.gao/gaocrptahxg0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Satellite Services, Inc. File: B-280945; B-280945.2; B-280945.3 Date: December 4, 1998 Laurence Schor, Esq., and Susan L. Schor, Esq., McManus, Schor, Asmar & Darden, for the protester. Kenneth W. Dodds, Esq., for the Small Business Administration. Capt. Steven H. Levin, Department of the Army, for the agency. C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Award under solicitation for construction services would not result in a binding requirements contract, where the solicitation does not obligate the agency to order any work at all from any individual contractor, and where, despite government promise to allow awardees to enter into limited competition for future task orders, the contracting officer can deny contractors the right to compete if it is in the best interest of the government; a party may not reserve to itself a method of unlimited exculpation without rendering the promises illusory and the contract void. 2. Award under solicitation for construction services would not result in a binding indefinite-quantity contract where it contains no obligatory minimum quantity, rendering the government's obligations illusory and, therefore, unenforceable. DECISION Satellite Services, Inc. (SSI) protests the terms of request for proposals (RFP) No. DAHA23-98-R-0002, for construction work at various National Guard installations. Satellite asserts that the RFP is flawed because the agency is commiting itself neither to order a stated minimum quantity of services nor to order all of its requirements from a successful offeror, rendering illusory the consideration necessary for an enforceable contract. We sustain the protest. On August 5, 1998, the United States Property and Fiscal Officer for Missouri issued the RFP for a multiple-award, multiple-year task order contract for maintenance, repair, and construction work at Rosecrans Memorial Airport in St. Joseph, Missouri, Jefferson Barracks and Lambert Field in St. Louis, and Canon Range at Fort Leonard Wood for 1 year, with four 1-year options. RFP, Standard Form

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