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B-276271 1 (1997-06-02)

handle is hein.gao/gaocrptafxw0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Einhaupl GmbH File: B-276271 Date: June 2, 1997 Reed L. von Maur, Esq., and J. Casey Fos, Esq., von Maur & Partners, for the protester. Nancy van Noortwijk-Sommer, Esq., Department of the Army, for the agency. Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly rejected bid as nonresponsive that failed to include acknowledgment of a solicitation amendment that added asbestos abatement work not contemplated by the original invitation for bids and properly canceled the solicitation when it learned that it had failed to furnish the amendment to the bidder. DECISION Einhaupl GmbH protests the rejection of its low bid as nonresponsive and the cancellation of invitation for bids (IFB) No. DACA90-96-B-0045, issued by the United States Army Corps of Engineers, Transatlantic Programs Center, Europe, for construction and repair work. We deny the protest. The IFB was issued on August 23, 1996, for the repair of the ventilation system, utility lines, and exterior of a dining facility in Hohenfels, Germany, under a fixed- price, lump-sum contract. Among other things, the successful contractor was required to demolish the grid, metal, and acoustic ceilings, and to replace the existing roof and gables, both of which contained asbestos.1 Amendment No. 0001 was issued to make various change and additions to the asbestos abatement work. Among these were the addition of Item 2.2.34, which required the removal and disposal of 783 square meters of cement asbestos ceiling tiles attached to the bottom of the building's wood trusses. Amendment No. 0002 was issued to make 'The specifications described in detail the aspects and requirements of the work involving the removal of asbestos laden materials. The specifications described the ceilings as not containing asbestos, and the roofing sheets and vinyl floor tile as containing asbestos.

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