B-173733(2), NOV 17, 1971

B-173733(2): Nov 17, 1971

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BECAUSE AWARD WAS DELAYED PENDING A PRIOR PROTEST. THE CONTRACT WILL HAVE A DURATION OF ONLY ELEVEN MONTHS. ON WHICH THE SUCCESSFUL BID WAS BASED. SECRETARY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY. SINCE THE CONTRACT WILL HAVE A DURATION OF ONLY ELEVEN MONTHS FROM DATE OF AWARD. IF THIS IS IN FACT THE CASE. THE PROTEST WAS THE SUBJECT OF A REPORT DATED AUGUST 23. THE FILE TRANSMITTED WITH THE REPORT IS RETURNED.

B-173733(2), NOV 17, 1971

BID PROTEST - CHANGES CLAUSE CONCERNING THE PROTEST, DENIED THIS DATE OF CLEAN, INC. AGAINST AWARD OF A CONTRACT FOR CUSTODIAL SERVICES AWARDED TO KENTUCKY BUILDING MAINTENANCE, INC. UNDER AN IFB ISSUED BY PICATINNY ARSENAL. BECAUSE AWARD WAS DELAYED PENDING A PRIOR PROTEST, AND THE CONTRACT WILL HAVE A DURATION OF ONLY ELEVEN MONTHS, THE REQUIREMENT FOR STRIPPING AND WAXING EVERY FOUR MONTHS MAY RESULT IN ONLY TWO PERFORMANCES, RATHER THAN THREE, ON WHICH THE SUCCESSFUL BID WAS BASED. THIS MAY BE A MATTER FOR ADJUSTMENT UNDER THE "CHANGES" CLAUSE.

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY, DENYING THE PROTEST OF CLEAN, INC., UNDER INVITATION FOR BIDS NO. DAAA21-71-B-0297, ISSUED BY THE PICATINNY ARSENAL, DOVER, NEW JERSEY.

IT HAS COME TO OUR ATTENTION THAT, SINCE THE CONTRACT WILL HAVE A DURATION OF ONLY ELEVEN MONTHS FROM DATE OF AWARD, THE CONTRACTOR MAY POSSIBLY BE REQUIRED TO MAKE ONLY TWO STRIPPINGS AND REWAXINGS UNDER ITEMS 0002 AND 0006 RATHER THAN THE THREE INFERRED FROM THE INSTRUCTION THAT THESE DUTIES BE PERFORMED EVERY FOUR MONTHS. IF THIS IS IN FACT THE CASE, WE SUGGEST IT MAY BE A PROPER MATTER FOR ADJUSTMENT UNDER THE "CHANGES" CLAUSE OF THE CONTRACT.

THE PROTEST WAS THE SUBJECT OF A REPORT DATED AUGUST 23, 1971, FROM THE DEPUTY GENERAL COUNSEL, AMC, AND THE FILE TRANSMITTED WITH THE REPORT IS RETURNED.