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B-184810 1 (1976-08-20)

handle is hein.gao/gaobaddhc0001 and id is 1 raw text is: ftj -9o 0 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES , WASHINGTON. D.C. 20548 FILE: B-184810 DATE: August 20, 1976 MATTER OF: Thomas Construction Company, Inc.-- Request for Reconsideration DIGEST: 1. Where request for reconsideration of GAO decision fails to clearly demonstrate errors of fact or law, decision is affirmed. 2. Where bidder protests planned award by grantee and GAO review indicates compliance with grant terms, agency regulations and applicable statutory requirements, decision that grantee is proper authority to determine factual issue of prejudice is affirmed. Thomas Construction Company, Inc. (Thomas), has requested reconsideration of our decision Thomas Construction Company, Inc., B-184810, October 21, 1975, 75-2 CPD 248. The decision held that a bid which quoted two sets of unit .prices for use in the admin- istration of certain contract changes, instead of the single unit price sought by the solicitation need not be rejected, if acceptance of the bid would be advantageous to the grantee and would not preju- dice other bidders. The low bidder for the work, Universal Construc- tion Company (Universal), instead of submitting the single set of prices, for possible changes (either increasing or decreasing the amount of excavation, concrete, piling or painting work) which might be ordered during the performance of the contract, submitted two sets of prices. One set of Universal's prices was for changes increasing the work while the other set was for changes decreasing the amount of work. The prices in the increase work set were.higher than those in the decrease work set. Thomas, the second low bidder, submitted one set of prices applicable to both additions and dele- tions, as requested by the solicitation. Thomas urged that it was prejudiced by the consideration of the Universal bid to the extent that: * * * Universal's bidding enables it to 'maximize its chances for gain' on additional work while minimizing its 'chances for loss on a reduction in quantity,' thereby negating the risk inherent in relying on a single unit price for changes in the required work. Thomas Construction Company, Inc., supra. - 1 -

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