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B-208670.2,B-208809.2 1 (1983-07-12)

handle is hein.gao/gaobadler0001 and id is 1 raw text is: 


                         TE COMPTROLLER GENERAL
OECI9ION      ,        * OF THE UNITE0 STATES
                         WASHINGTON. 0.C. 20548




FILE:  B-208670.2, B-208809.2 DATE: July 12, 1983

MATTER OF:      Charta, Incorporated--Reconsideration


DIGEST:

       Although awardee allegedly relied on
       understanding that good performance would
       result in exercise of contract options,
       awardee's request for reconsideration of
       recommended corrective action (nonexercise
       of option) is denied where there is no show-
       ing of an error of fact or law and where
       award, albeit legal, was made in the face of
       unresolved questions concerning adequacy of
       competition and reasonableness of price.

       Charta, Incorporated (Charta), requests
  reconsideration of the corrective action recommended
  in our decision, Harris Systems of Texas, Inc.; Anti-
  Pest Co., Inc., B-208670, B-208809, April 13, 1983,
  83-1 CPD 392, wherein we recommended that the Army not
  exercise the contract's option provisions. Charta,
  the awardee and incumbent contractor, contends:
  (1) that it relied to its detriment on an
  understanding that good performance would result in
  exercise of the options, (2) our concerns regarding
  adequacy of competition and reasonableness of price
  were unreasonable; and (3) that exercise of the
  options is in the best interests of the Government.

       We deny the request for reconsideration.

       The standard applied to requests for
  reconsideration is whether the requester has convinc-
  ingly shown errors of fact or law in our earlier deci-
  sion. See Corbetta Construction Company of Illinois,
  Inc., 55 Comp. Gen. 972, 975 (1976), 76-1 CPD 240.
  Wile we generally do not consider the contentions of
  incumbent contractors that an agency should exercise a
  contract option, C.G. Ashe Enterprises, 56 Comp. Gen.
  397 (1977) 77-1 CPD 166, we are considering Charta's
  request for reconsideration since it is aimed at the
  propriety of our recommending nonexercise of the

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