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B-278962 1 (1998-04-17)

handle is hein.gao/gaocrptahrd0001 and id is 1 raw text is: 




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Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Madison Services, Inc.

File:        B-278962

Date:        April 17, 1998
Christopher Solop, Esq., and Lynn Hawkins Patton, Esq., Ott & Purdy, for the
protester.
Christopher M. Bellomy, Esq., George N. Brezna, Esq., and Patrick J. Coll, Esq.,
Department of the Navy, for the agency.
Jeanne W. Isrin, Esq., David A. Ashen, Esq., and John M. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protest that solicitation provision for variable option periods of I to 12 months is
unduly restrictive of competition is denied where the record indicates that the
agency needs the flexibility to extend the contract by periods of I to 12 months in
order to ensure the continual provision of maintenance for family housing
developments in the face of changing circumstances and requirements.
DECISION

Madison Services, Inc. protests the terms of request for proposals (RFP)
No. N00187-95-R-6050, issued by the Naval Facilities Engineering Command
(NAVFAC), for maintenance of family housing developments in the Tidewater region
of Virginia. The protester alleges that the specified provisions either are ambiguous,
unduly restrictive of competition, or otherwise violate the Federal Acquisition
Regulation (FAR).

We deny the protest.

The RFP contemplates award of a fixed-price, indefinite -delivery/indefinite -quantity
contract to the offeror whose offer represents the best value to the government,
price and other factors considered. The solicitation provides for a contract term
with a base period of 12 months and the option to extend the term up to a total
duration of 60 months. Specifically, the solicitation included NAVFAC standard
clause 5252.217-9301, OPTION TO EXTEND THE TERM OF THE CONTRACT -
SERVICES (JUN 1994), amended to establish the 60-month overall term, which
provides in relevant part that:

      a. The Government may extend the term of this contract for a term of
      one (1) to twelve (12) months by written notice to the Contractor
      within the performance period specified in the Schedule; provided that

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