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B-184247 1 (1976-08-05)

handle is hein.gao/gaobaduhl0001 and id is 1 raw text is: .OLLER * THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES -' W *WASHINGTON, 0. C. 20548. VNITE0 FILE: B-184247 DATE: August 5, 1976 MATTER OF: Midland Maintenance, Inc. DIGEST: Procuring agency s failure to anticipate that Government- owned bulldozer and crane-shovel used by prior contractor in operation of landfill might be needed by awardee of con:- tract for next-fiscal year's services led to making of award on basis of the contractor furnishing all equipment with in- tention of modifying contract immediately thereafter to pro- vide Government-owned equipment at fraction of commercial rental rates. However, protester does not appear to have been prejudiced since its bid would not be low even if com- mercial rental rates had been paid by low bidder, Midland Maintenance, Inc. (Midland) protests an award by the Procurement Division, Fort Knox, Kentucky (Army), to Tollie H. Elder, Jr., d.b. a. Knight Sanitation (Knight),. of a fixed price contract for refuse collection at Fort Knox, excluding family housing, but including operation of the Fort Knox sanitary land- fill (IFB DABT 23-75-B-0093). Midland's primary contention is that the circumstances sur- rounding the Army's acceptance of Knight's bid are tainted with *Impropriety, that Knight was given an unfair competitive advantage, and that the Army should have informed all potential bidders that certain Government-owned equipment which Knight has been per- mitted to use was available. The solicitation for refuse collection and operation of the land- fill from July 1, 1975, through June 30, 1976, included specifications divided into two parts. The portion of the specifications which-was for refuse collection required the contractor to furnish all necessary labor, material, and equipment, except for certain Government- owned items which were described and for which. the rental was set out. The portion of the specifications governing operation of the landfill did not indicate that any Government-owned equipment was available for that purpose. The three bids received by the scheduled.bid opening on May 9, 1975,. compared with the Government estimate as follows: -