BNUMBER:  B-265649.3
DATE:  October 9, 1996
TITLE:  Tri Tool, Inc.--Modification of Remedy


Matter of:Tri Tool, Inc.--Modification of Remedy

File:     B-265649.3

Date:October 9, 1996

Paul C. Bingaman for the protester.
Granette Trent, Esq., Department of Justice, for the agency.
Robert Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the 
General Counsel, GAO, participated in the preparation of the decision.


Recommendation contained in decision sustaining protest that agency 
terminate awardee's contract and recompete under revised 
specifications is modified to award bid preparation costs where 
original recommendation was based on erroneous information indicating 
that contract performance had been stayed during the pendency of the 
protest, and contract had actually been fully performed by the date of 
our decision.


Tri Tool, Inc. requests modification of the remedy contained in our 
decision sustaining its protest against the rejection of its bid under 
solicitation No. 1PI-B-1498-95, issued by the Department of Justice, 
Federal Prison Industries, Inc. (FPI), for pipe cutting components.  
Tri Tool, Inc., B-265649.2, Jan. 22, 1996, 96-1 CPD  para.  14.  

We sustained the protest because we found that FPI had improperly 
rejected Tri Tool's bid.  During the pendency of the protest, we were 
informed by the agency that while a stay was not statutorily required, 
performance was being stayed pending our resolution of the protest.  
Based on this information,  we recommended that the agency terminate 
the awardee's contract and recompete the requirements under revised 
specifications, and found Tri Tool entitled to its reasonable costs of 
filing and pursuing the protest.

Following the issuance of that decision, the agency advised our Office 
that the earlier information regarding contract performance was in 
error.  In fact, as of the date of our decision, contract performance 
was complete.  In light of these circumstances, Tri Tool requests that 
the remedy be modified to include the award of bid preparation costs.

Because termination of the awardee's contract and recompetition are 
not feasible, Tri Tool is entitled to reimbursement of its bid 
preparation costs as well as its protests costs.  See Bush Painting, 
Inc.--Modification of Remedy, B-239904.2, Jan. 11, 1991, 91-1 CPD  para.  

The prior decision is modified accordingly.

Comptroller General
of the United States