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SOLON AUTOMATED SERVS. v. UNITED STATES

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


January 13, 1987

Solon Automated Services, Inc., Plaintiff
v.
United States of America, Defendant

The opinion of the court was delivered by: HOGAN

MEMORANDUM OPINION

 Thomas F. Hogan, United States District Judge

 This matter is before the Court on defendant's motion to dismiss, or in the alternative, for summary judgment and on plaintiff's cross-motion for summary judgment. *fn1" Plaintiff, Solon Automated Services, Inc. ("Solon") filed suit to challenge the government's award of a contract for the rental, installation and maintenance of 477 laundry machines at Navy bases in the Norfolk, Virginia area to Commercial Laundry Equipment Company ("Commercial"). After careful consideration of the arguments at the preliminary injunction hearing, the memoranda filed in this action and the entire record herein, the Court shall deny defendant's motion to dismiss for lack of standing and shall grant plaintiff's motion for summary judgment.

 STATEMENT OF FACTS

 On June 24, 1986, the Regional Contracting Department of the Naval Supply Center in Norfolk, Virginia issued Solicitation # N00189-86-R-0406, for the installation, rental and servicing of 477 laundry machines at several Navy military stations in the Norfolk area. Solon had been providing laundry services at these Navy locations for the past nine years. The solicitation required the offeror to agree to provide services for one base year and to promise to extend performance for two option years. (The government preferred a multiyear contract but was unable to directly solicit such bids.) The solicitation stated that "the Government may reject an offer as nonresponsive it if is materially unbalanced as to the prices for the basic requirement and the option quantities." Tr. 116. Each bid was to contain prices in proportion to costs. No preproposal conferences were held. In response to its solicitation the Navy Supply Center received ten offers. On August 14, 1986, all ten offerors were advised by telephone to provide their "best and final" proposals by August 20. The results from the ten bidding companies were as follows: Base Option Option Name Year Year # 1 Year # 2 Average 1. Commercial Laundry Equipment n*$ 22.00 11.00 7.00 13.33 2. Active Appliance Sales, Inc. 14.40 14.40 14.40 14.40 3. Crown Laundry & Dry Cleaners 22.32 17.20 4.45 14.66 4. Chicago Coin Meter Co. 16.65 16.65 16.65 16.65 5. Solon Automated Services 18.99 18.99 18.99 18.99 6. All Valley Washer Services 19.50 19.50 19.50 19.50 7. Aquasis Services, Inc. 29.15 19.71 13.14 20.67 8. C.C. Distributors, Inc. 22.01 22.01 22.01 22.01 9. Rivers and Murphy Ent. Corp. 24.02 24.98 25.98 24.99 10. C.L. Richard Co. 34.12 22.41 27.41 27.98

19870113

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