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![handle is hein.gao/gaocrptafsg0001 and id is 1 raw text is:
oComptroller General
of the United States
Washington, D.C. 20548
Decision
Matter of: Department of the Navy--Modification of Remedy
File: B-274944.4
Date: July 15, 1997
John S. Pachter, Esq., and Jonathan D. Shaffer, Esq., Smith, Pachter, McWhorter &
D'Ambrosio, P.L.C., for the protester.
Eric A. Lile, Esq., Kathy B. Cowley, Esq., and Brian F. Zeck, Esq., Department of the
Navy, for the agency.
Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Where a contracting agency overrides a statutorily required stay of contract
performance by executing a best interests justification, General Accounting Office
must recommend corrective action without regard to any cost or disruption from
terminating, recompeting, or reawarding the contract.
DECISION
The Department of the Navy requests modification of the remedy that we
recommended in Dynalantic Corp., B-274944.2, Feb. 25, 1997, 97-1 CPD 101, in
which we sustained Dynalantic's protest against the award of a contract to Marine
Safety International (MSI) under request for proposals (RFP) No. N00600-96-R-0749,
issued by the Navy for ship handling simulation services.
We deny the request.
In our decision, we found that the Navy had improperly excluded Dynalantic's
proposal from the competitive range. The solicitation called for the contractor to
perform essentially four steps: (1) construct a ship handling facility on government-
owned property within 9 months from contract award; (2) install and configure the
simulator equipment and training stations; (3) provide all personnel and technical
services necessary to run the ship handling simulator complex for a period of up to
10 years; and (4) [u]pon completion or termination of the contract [be] responsible
for the removal of the building and restoration of the grounds to original condition
at no additional cost to the government. In sustaining Dynalantic's protest, we
recommended that the Navy reinstate Dynalantic's proposal in the competitive
range, conduct discussions, and solicit best and final offers (BAFO). In the event
Dynalantic was selected for award, we recommended that the Navy allow MSI to](ViewImageLocal?handle=hein.gao/gaocrptafsg0001&div=1&collection=&method=preview&ext=.png&size=3)