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B-205246.2,B-205246.3 1 (1982-08-18)

handle is hein.gao/gaobadkok0001 and id is 1 raw text is: 


                  ,                   \T      COPIIPTOL2R GEoVEnAL
                  0EC I3IDN                F F THF UN IED     STAT ES 13
                                         SA S H WA I  NGT  0 0 N  D.C  208413



                 FILE: 9-205246.2, B-205246.3  DATE: August iS, 1952

                 MATTER OF: Mitchell Construction Company, Inc.
                             Bill Strong Enterprises, inc,--Request
                               for Reconsideration
                 DIGESF:

                 19  Prior decision holding that solicitation
                     provision required that award be mado to
                     the low aggregate bidder is affirmed,

                  2. The deterolnotion to terminate an improperly
                      awarded contract involves among other things
                      consideration o thie seriousness of the pro-
                      curerient deficierncy, the degree of prejudice
                      to the Integrity Of the competitive system and
                      the extent of performance. GAO affirms prior
                      recornendation to terminate contracts awarded
                      under solicitation in view of fact that the
                      preservation of competitive system outweighs
                      the impact of the termination costs of the
                      contractors who have not begun performance.
                      Mitchell constru.tion Company, Inc. (Mitchell),
                  and Bill Strong Enterprises, Inc. (DSEI), request
                  reconsideration of our decision in Northeast Construc-
                  tion Company, 61 Comp. Gen.     (B-205246, April 1,
                  1982), 82-1 CPD 293, in which-wo sustained Northeast's
                  protest against the award of separate contracts tp
                  those firms under invitation for bids (IFB) No. F0865-
                  81 fB-0174, issued by the Departme4t of the Air Force.

                      Ie affirm our prior decision.

                      The F13 sbliited a base bid for replacement of
                 windows (item 0001) and'rehabilitatioi of kitchens
                 and bathrooms (item 0002) In specified housing units
                  and included five deductive bid Items decreasing the
                  number of units in which rehabilitatIon work would be
                  done.  Paragraph 10 of the IB standard .orma (SF) 22
                  advised that the Government might accept any item or
U                 combination of items. Paragraph 34 called for awarC
                  to the low aggregate bidder for the fIrst base bid
'4           *    item minus those deductive bid items providing tbe
                  miiost work within available funding.




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