About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-183695 1 (1975-11-14)

handle is hein.gao/gaobadcsz0001 and id is 1 raw text is: q VV THE COMPTROLLER GENERAL OECISI0rW ~ OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-183695 DATE:November 14,1975 MATTER OF: Square Deal Trucking Co., Inc. DIGEST: 1. Prior decision holding that since IFB contained defective award factors contract awarded should be canceled and award made to properly evaluated low bidder is affirmed on recon- sideration as GAO recognized in prior decision that although award would be based on award factors other than contained in IFB, such award would be consistent with mandate of 41 U.S.C. § 253(b) and competition was not adversely affected by defective award factors. 2. Fact that bidder had performance bond under prior IFB which was canceled and readvertised provides no basis to waive failure of bidder to submit bond under resolicitation, which was separate and distinct procurement from canceled IFB. Capitol Waste Systems (Capitol) has requested reconsideration of our decision of October 2, 1975, on the protest of Square Deal Trucking Co., Inc. (SDT), under solicitation No. BEP-75-151(A), issued by the Bureau of Engraving and Printing, Department of the Treasury (BEP). In that decision, we held that the solicitation contained improper award factors which limited the evaluation of bids solely to unit prices without regard to the total cost to the Government for the entire contract period, thereby violating the provisions of 41 U.S.C. § 253(b), which requires award on the basis of the most favorable cost to the Government. However, we found that as competition was not adversely affected, award should be made to SDT, whose bid offered the lowest actual cost to the Government for the entire contract term. Finally, we held that, notwithstanding receipt by Capitol of a letter from BEP accepting the bid of Capitol, no contract came into existence because Capitol did not comply with the condition contained in the letter, namely, the submission of a performance bond. - 1 -

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most