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B-262071.2 1 (1996-01-31)

handle is hein.gao/gaocrptadru0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Harvey Honore Construction Company, Inc. File: B-262071.2 Date: January 31, 1996 James F. Nagle, Esq., Oles, Morrison & Rinker, for the protester. Lester Edelman, Esq., and Brian R. Kennedy, Esq., Department of the Army, for the agency. Peter A. Jannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Bid that acknowledges all amendments to an invitation for bids (IFB), but which contains only the original version of the bid schedule, which was modified by an amendment to increase the estimated quantity of dirt to be excavated, is nonresponsive because the bid is ambiguous regarding whether the bidder intends to be bound to the original or amended estimate. DECISION Harvey Honore Construction Company, Inc. (Honore) protests the Corps of Engineers' rejection of its bid submitted in response to invitation for bids (IFB) No. DACW29-95-B-0051 as nonresponsive. We deny the protest. Issued on April 27, 1995, the IFB solicited bids for constructing 8 miles of hurricane protection levee. Among other things, the contractor will be required to clear the construction area and to dispose of the debris. The contractor will also be required to excavate and transport large quantities of dirt for use as fill in constructing the levee and to dispose of excavated material that is unsuitable for use. Five bids were received by the June 14 bid opening. Honore's bid of $4,155,250 was the lowest bid; Dragon Limited's bid of $4,651,500 was the second lowest; the government estimate was $4,160,011. By letter of June 19, Honore notified the contracting officer that it had made a mistake regarding the extended price of one line item in its bid. Honore explained that its bid erroneously included the IFB's original schedule instead of the revised schedule provided with amendment 0002. For line item 0003, Embankment, Semicompacted Fill, the original bid schedule required both a unit price per cubic yard of material and an extended price based upon an estimated quantity of 290,000 cubic yards. Thus, Honore's bid contained a unit price of $8.67 per cubic yard and an extended price of $2,514,300 for this line item. However, amendment 0002 326130

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