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B-401472.2 1 (2009-12-07)

handle is hein.gao/gaobadbby0001 and id is 1 raw text is: li AL A , GA O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Department of the Army--Reconsideration File: B-401472.2 Date: December 7, 2009 William L. Sasz, Esq., Sherman & Howard L.L.C., for the protester. Christine Choi, Esq., Department of the Army, for the agency. Christina Sklarew, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's request for reconsideration of decision sustaining a protest of the sole- source extension of a contract is denied where the agency has not shown any error of fact or law in the decision. DECISION The Department of the Army asks that we reconsider our decision in Major Contracting Servs., Inc., B-401472, Sept. 14, 2009, 2009 CPD ¶ 170, in which we sustained the protest filed by Major Contracting Services, Inc. (MCS) of Colorado Springs, Colorado, against the Army's sole-source extension of contract No. W911S2- 08-D-3000, held by DAV Prime/Vantex Service Joint Venture (DAV) of Larue, Texas, for portable chemical toilet services at Fort Drum, New York. We deny the request for reconsideration. The contract at issue here was awarded to DAV on May 28 under request for quotations (RFQ) No. W911S2-08-T-3009, which was set-aside for Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBC). The contract provided for a performance period of a base year, beginning June 1, 2008, and 4 option years, and included standard Federal Acquisition Regulation (FAR) clause 52.217-8, establishing an option for the agency to extend the period of performance in exigent circumstances, as follows: The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The