B-164830, DEC. 5, 1968

B-164830: Dec 5, 1968

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KNOTT: ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST OF BUILDING MAINTENANCE CORPORATION AGAINST AN AWARD MADE TO CUYAHOGA CLEANING CONTRACTORS. THE PROTEST WAS THE SUBJECT OF A REPORT DATED SEPTEMBER 18. WHILE WE HAVE ACCEPTED THE ADMINISTRATIVE INTERPRETATION OF THE AWARD PROVISIONS OF THE INVITATION. THAT ONLY AN AGGREGATE AWARD WAS INTENDED FOR ITEM 1 OF THE SUBJECT IFB. OR THE CRITERIA TO BE APPLIED IN DETERMINING WHICH TYPE OF AWARD WILL BE MADE.

B-164830, DEC. 5, 1968

TO MR. KNOTT:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST OF BUILDING MAINTENANCE CORPORATION AGAINST AN AWARD MADE TO CUYAHOGA CLEANING CONTRACTORS, INC., UNDER INVITATION FOR BIDS (IFB) NO. GS-05 BB- 7715, ISSUED BY THE GENERAL SERVICES ADMINISTRATION, PUBLIC BUILDINGS SERVICE, REGION 5, CHICAGO, ILLINOIS, FOR WALL AND WINDOW WASHING SERVICE FOR TWO GOVERNMENT BUILDINGS IN CLEVELAND, OHIO. THE PROTEST WAS THE SUBJECT OF A REPORT DATED SEPTEMBER 18, 1968, FROM MR. HARRY R. VAN CLEVE, GENERAL COUNSEL.

WHILE WE HAVE ACCEPTED THE ADMINISTRATIVE INTERPRETATION OF THE AWARD PROVISIONS OF THE INVITATION, THAT ONLY AN AGGREGATE AWARD WAS INTENDED FOR ITEM 1 OF THE SUBJECT IFB, EVEN THOUGH THE LANGUAGE OF THE NOTE APPENDED TO THIS ITEM DIFFERED FROM THE CLEARER LANGUAGE OF THE NOTE ATTACHED TO ITEM 2, WE SUGGEST THAT IN FUTURE INVITATIONS THE INTENTIONS OF THE PROCURING OFFICE AS TO AGGREGATE OR INDIVIDUAL AWARDS, OR THE CRITERIA TO BE APPLIED IN DETERMINING WHICH TYPE OF AWARD WILL BE MADE, SHOULD BE SPECIFICALLY AND CLEARLY STATED. WE SUGGEST ALSO THAT ANY FISCAL LIMITATIONS OR OTHER CONSIDERATIONS WHICH MIGHT PREVENT AN AGGREGATE AWARD OF ALL REQUIRED ITEMS SHOULD BE EXPLICITLY SET FORTH IN THE IFB.