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B-197445 1 (1980-08-12)

handle is hein.gao/gaobabjvi0001 and id is 1 raw text is: 



           C  -COMPTROLLER GENERAL OF THE UNITED STATES
                                  WASHINGTON, D.C. 20548


                B-197445              August 12) 1980




                The Honorable Patricia J. Bo le
                United States District Judge
                The United States District Court
                  for the Eastern District of Michigan,
                  Southern Division
                211 Federal Building
                Detroit, Michigan 48226

                Dear Judge Boyle:

                     We have been forwarded a copy of the court's deci- ot , L
                sion in E.A. Ellis Contractors, Inc. v. General Services
                Administration, Civil Action No. 80-70381 (E.D. Mich.,
                July 3, 19S0), holding that the General Services Admin-
                istration's (GSA) rejection of E.A. Ellis Contractors,
                Inc.'s (Ellis) bid under invitation for bids No. GS-
                05BC-82301 was unlawful and referring the matter to
                the General Accounting Office to determine appropriate
g               relief. We understand that GSA awarded a contract to
                Schiller Construction Company, -Inc., but has not issued
                a notice to proceed.   9£.5'o

                     In view of the judgment, we recommend that GSA ter-
                minate the present contract for the convenience of the
                Government and make award to Ellis if the firm is deter-
                mined responsible. This is the type. of recommendation we
                ordinarily make, if practicable, where a contract was
                awarded after what subsequently is determined to have
                been the improper rejection of a lower bid. See Commer-
                cial Sanitation Service, 55 Comp. Gen. 352 (1975), 75-2
                CPD 212.

                     Copies of this letter are being provided to the
                parties in the case.

                                     Sincerely yours,




                               For The Corptrolle eneral
                                     of the United States


  I1 (75z

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