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B-208684.2 1 (1983-11-15)

handle is hein.gao/gaobadlkf0001 and id is 1 raw text is: - . THE COMPTROLLER GENERAL OECISION • . OF THE UNITED STATES ' WAS H I N GTO N. 0. C. 2054 8 FILE: B-208684.2 DATE: November 15, 1983 MATTER OF: Joule Maintenance Corporation DIGEST: Where a protest has been sustained based in part on a finding that the solicitation was defective, the protester's subsequent request that GAO amend its recommended relief (that the agency resolicit after correcting the defective solicitation) and instead recommend award to the protester, is denied where the reconsideration request appears to be based on new information which would merely reinforce GAO's conclu- sion that the solicitation was defective. Joule Maintenance Corporation requests reconsidera- tion of our decision Joule Maintenance Corporation, B-208684, September 16, 1983, 83-2 CPD__, sustaining Joule's protest that the Department of the Army's decision to continue performing certain services in-house was based on an inaccurate cost comparison. We recommended that the Army resolicit and conduct a new cost comparison after correcting the noted deficiencies. Joule asks that we alter our recommendation and direct the Army to make award to Joule. We affirm our decision. We sustained Joule's protest, in part, based on our conclusion that the statement of work (SOW) in the solici- tation was deficient. Although the SOW directed offerors to include in their proposals only work currently per- formed by the in-house work force, it failed to indicate that the in-house work force was not performing certain work which seemed to be encompassed by the solicitation. We found that this deficiency could have misled Joule and other offerors into overstating their proposed costs. This deficiency, together with a failure by the Army to include its full first year labor costs in the government estimate, cast significant doubt on whether in-house per- formance would be less costly than contracting out, as the cost comparison had indicated. Since the deficient SOW was unfair to all offerors, not just Joule, we recommended that the Army initiate a new cost comparison with a new solicitation. ,' 0d 7A717

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