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B-200718.3 1 (1982-02-08)

handle is hein.gao/gaobadkbe0001 and id is 1 raw text is: I~~~ 2O2/' T THE COMPTROLLER GWENERAL DECISION ,OF THU UNITED I3TATES WASIHINGTON, D.C. 20548B FILE: B-200718.3 DATE: February 8, 1982 MATTER OF: A,J, Fowler Corporation--Second Request for Reconsideration DIGEST; In resolving a bid protest, GAO is not confined to address only those issues or arguments raised by the parties to the protest, The purpose ofeGAO's bid protest function is to insure compliance with the rules and regulations governing the expenditure of public funds, Accord- ingly, where GAO is aware of a regula- tion that is relevant to a particular situation, GAO will apply it appropriately, whether or not the parties have taken notice of it. This decision responds to AJ. Fowler Corporation's second request that we reconsider our decision in joore Service, Inc., B-200718, August 17, 1981, 81-2 CPI) 145, in which we sustained a protest against award to E'owler under invitation for bids (IFB) DAITS1-80-B-0048 issued by the Department of the Army. We affirm that decision. The IFB sought bids for refuse collection and dis- -.1 posal services at 3,582 quarters at Fort Bliss, Texas. We sustained Moore's protest because the Army failed to advise offerors of its plans to increase the number of , 80-84 gallon mobile toters which the Army expected to provide in place of the 30 gallon galvanized containers at most of the quarters. We found that a competition based on the imminent availability of that increased number of toters may have yielded a substantial reduc- 4.'; tion in the bid prices. We therefore recomrended that the Fowler contract renewal option not be exercised, and that the Army conduct a new procurement and award 'I a new contract for the fiscal year 1982 requirement. Fowler's first request for reconsideration was based on the view that we failed to recognize that the contrac- tual obligation on which offerors bid was to service 3,582 I! !'I I Y

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