B-198690, JUN 10, 1980
Highlights
DIGEST: PROTEST OF AWARD UNDER RESOLICITATION RESULTING FROM TERMINATION FOR DEFAULT OF PREVIOUS CONTRACT FOR SAME SERVICES IS DISMISSED SINCE PROTESTER DID NOT BID ON RESOLICITATION AND DENIAL OF ITS PROTEST WITH RESPECT TO FIRST SOLICITATION LEFT NO ISSUES TO BE RESOLVED. THIS CONTRACT RESULTED FROM A RESOLICITATION AFTER A PREVIOUS CONTRACT FOR THE SAME SERVICES HELD BY LEWIS MANAGEMENT AND SERVICES COMPANY (LEWIS) WAS TERMINATED FOR DEFAULT. REFRE'S POSITION IS THAT NO AWARD SHOULD HAVE BEEN MADE UNDER THE RESOLICITATION BECAUSE IT WAS ENTITLED TO AWARD UNDER THE FIRST SOLICITATION WHICH REFRE PROTESTED. THERE IS NO REMAINING ISSUE TO BE RESOLVED AND THIS PROTEST IS DISMISSED.
B-198690, JUN 10, 1980
DIGEST: PROTEST OF AWARD UNDER RESOLICITATION RESULTING FROM TERMINATION FOR DEFAULT OF PREVIOUS CONTRACT FOR SAME SERVICES IS DISMISSED SINCE PROTESTER DID NOT BID ON RESOLICITATION AND DENIAL OF ITS PROTEST WITH RESPECT TO FIRST SOLICITATION LEFT NO ISSUES TO BE RESOLVED.
REFRE AND ASSOCIATES:
REFRE AND ASSOCIATES (REFRE) PROTESTS THE AWARD ON APRIL 2, 1980 OF CONTRACT NO. F02601-80-C0009 FOR SHELF STOCKING AND COMMISSARY SERVICES TO VALLEY SECURITY SYSTEMS (VALLEY) BY THE U.S. AIR FORCE AT DAVIS MONTHAN AIR FORCE BASE. THIS CONTRACT RESULTED FROM A RESOLICITATION AFTER A PREVIOUS CONTRACT FOR THE SAME SERVICES HELD BY LEWIS MANAGEMENT AND SERVICES COMPANY (LEWIS) WAS TERMINATED FOR DEFAULT. REFRE DID NOT BID ON THE RESOLICITATION BECAUSE OF ITS EXPECTATION OF RECEIVING AN AWARD AS A RESULT OF A FAVORABLE DECISION ON ITS PROTEST THEN PENDING IN THIS OFFICE WITH RESPECT TO THE PREVIOUS AWARD TO LEWIS. OUR DECISION, HOWEVER, DENIED REFRE'S PROTEST. REFRE AND ASSOCIATES, B-196097, APRIL 25, 1980, 80-1 CPD 298.
REFRE'S POSITION IS THAT NO AWARD SHOULD HAVE BEEN MADE UNDER THE RESOLICITATION BECAUSE IT WAS ENTITLED TO AWARD UNDER THE FIRST SOLICITATION WHICH REFRE PROTESTED. IT DOES NOT OTHERWISE CHALLENGE THE PROPRIETY OF THE AWARD TO VALLEY. HOWEVER, OUR DECISION OF APRIL 25, 1980 FOUND ITS PROTEST WITH RESPECT TO THE INITIAL SOLICITATION TO BE WITHOUT MERIT OR NOT FOR CONSIDERATION UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2(B)(1) (1980). THUS, THERE IS NO REMAINING ISSUE TO BE RESOLVED AND THIS PROTEST IS DISMISSED.