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B-206449.3,B-206449.4 1 (1983-04-05)

handle is hein.gao/gaobadkzl0001 and id is 1 raw text is: 




                    uo ~ THE COMPTROLLER GENERAL
   1ECISION      .          OF THE UNITED       STATES
                       q.   WASHINGTON. 0. C. 20548



   FILE:      B-206449.3         DATE: April 5, 1983
   MATTER OFP-206449. 4
                   Crown Laundry and Dry Cleaners, Inc.;
                     Solon Automated Services Inc. -
   DI1GEST:          Reconsideration


     Prior decision, which sustained a protest on
     the basis that the awardee's bid was mathe-
     matically and materially unbalanced, but did
     not recommend that the contracting agency
     terminate the contract or refrain from exer-
     cising options, is affirmed where it has not
     been established that the decision was based
     on an error of law or fact.

     Crown Laundry and Dry Cleaners, Inc. and Solon Auto-
mated Services, Inc. request that we reconsider our deci-
sion in Solon Automated Services Inc., B-206449.2,
December 20, 1982, 82-2 CPD 548. In that decision, we sus-
tained a protest by Solon against the award of a contract
to Crown for the rental and maintenance of washers and
dryers at Fort Bragg, North Carolina. The contract is for
a base period of 1 year and 2 option years. Crown was
awarded a contract based on a slightly lower 3-year total
price than offered by Solon. We determined Crown's bid to
be mathematically unbalanced because Crown's base year bid
price was greater than its reasonable first year costs and
its option price was lower than its likely option year
costs. We found Crown's bid to be materially unbalanced
because the Government would not realize the 1 percent
price advantage represented by Crown's bid until the last
month of the second option period and, consequently, a
reasonable doubt existed that Crown's bid would ultimately
provide the lowest cost to the Government. Since Crown's
bid was mathematically and materially unbalanced, the award
was improper. We did not recommend that the contract be
terminated, however, because by the time the Army could
have done so, it would have paid Crown 50 percent of the
total cost it would incur for the entire 3-year period,
affording Crown a windfall from its unbalanced bid.
Rather, under the unusual circumstances presented, we
recommended that the Army exercise both options, if other-
wise proper.

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