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B-406459 1 (2012-04-02)

handle is hein.gao/gaobadosa0001 and id is 1 raw text is: SG A O Comptroller General ,!7 = Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: 4Granite Inc. File: B-406459 Date: April 2, 2012 Henry Corvera, for the protester. Captain Grant L. Arnold, Army Corps of Engineers, for the agency. Tania Calhoun, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting agency properly rejected bid as nonresponsive where the bidder introduced ambiguity regarding material terms of its bid by referencing clauses that conflicted with material terms and conditions of the solicitation. DECISION 4Granite Inc., of Apple Valley, California, protests the rejection of its bid submitted in response to invitation for bids (IFB) No. W912ES-12-B-0002, issued by the Army Corps of Engineers for repairs to a channel along the Red Lake River near Crookston, Minnesota. The agency rejected 4Granite's bid as nonresponsive. We deny the protest. The solicitation, issued on January 11, 2012, sought a contractor to perform various repairs to the Crookston Channel. The IFB identified the project as a construction contract and included numerous Federal Acquisition Regulation (FAR) clauses applicable to such contracts. Among these were FAR § 52.246-21, Warranty of Construction, FAR § 52.243-4, Changes, and FAR § 52.249-10, Default (Fixed- Price Construction). IFB at 5. The Corps received 11 bids by the February 10 bid opening date; 4Granite's bid of $990,340.22 was the low bid. Although not required by the solicitation, the protester's bid included a one-page document with the heading, Company

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