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B-281957.3 1 (1999-10-22)

handle is hein.gao/gaocrptajij0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter of: Landmark Construction Corporation

         File:      B-281957.3

         Date:      October 22, 1999
         Brian A. Darst, Esq., and Paralee White, Esq., Gadsby & Hannah, for the protester.
         William M. Simmons, Esq., Perkins, Smith & Cohen, for Master Builder International
         Corporation, an intervenor.
         John E. Lariccia, Esq., Sharon A. Jenks, Esq., and Gregory H. Petkoff, Esq.,
         Department of the Air Force, for the agency.
         Andrew T. Pogany, Esq., and John M. Melody, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Where award of indefinite -delivery, indefinite -quantity contract improperly was
         made to large business, proposed corrective action is reasonable, and warrants
         dismissing protest as academic, where agency will (1) allow improperly awarded
         contract to expire, (2) place no new delivery orders under the contract, but allow
         delivery orders already issued to be performed pending recompetition and new
         award, and (3) promptly conduct recompetition, with award to be made within
         6 months.
         DECISION

         Landmark Construction Corporation protests the Department of the Air Force's
         proposed corrective action in connection with Landmark's challenge to the award of
         an indefinite-delivery, indefinite-quantity (IDIQ) contract to Master Builder
         International Corporation (MBI) under request for proposals (RFP) No. F05604-97-
         R7019, a section 8(a) set-aside for simplified acquisition of base engineering
         requirements (SABER) at various locations in the Midwest.

         We dismiss the protest.

         The RFP contemplated multiple awards for a base year and 4 option years. RFP
         § F-32. Thirteen offerors submitted proposals by the June 2, 1998 date for receipt of
         initial proposals. On January 14, 1999, the Air Force made awards to MBI and
         another offeror, Martinez Construction and Development Company. Contracting

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