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B-281024 1 (1998-11-20)

handle is hein.gao/gaocrptahxs0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Aluminum Specialties, Inc. t/a Hercules Fence Company File: B-281024 Date: November 20, 1998 David A. Hearne, Esq., Outland, Gray, O'Keefe and Hubbard, for the protester. George N. Brezna, Esq., Patrick J. Coll, Esq., and Vicki E. O'Keefe, Esq., Department of the Navy, for the agency. Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where contracting agency synopsized intention to issue competitive solicitation in Commerce Business Daily, directly contacted firms that had bid under predecessor solicitation (including incumbent protester) regarding their interest in receiving solicitation package, advertised solicitation on local contracting office bulletin board and thereafter mailed solicitation package to protester's correct address, protester bears risk of nonreceipt of solicitation. DECISION Aluminum Specialties, Inc. t/a Hercules Fence Company (Hercules) protests the award of five contracts to Hurricane Fence Company under invitation for bids (IFB) No. N00187-97-B-6863 issued by the Department of the Navy, Navy Public Works Center (PWC) Norfolk for chain link fencing repair, replacement, and installation for various locations of the Navy PWC. Hercules, the incumbent contractor for three of the contracts, asserts that the requirement was inadequately advertised and that the sole bid received was unreasonably priced. We deny the protest. On June 5, 1998, the agency posted a Commerce Business Daily (CBD) synopsis announcing its intention to issue a competitive solicitation on July 6 for the award of five separate requirements contracts to provide fence installation and repair services at five different locations. CBD Notice, June 5, 1998. On August 4, the agency advertised the solicitation by posting a notice on the bulletin board outside of the PWC Norfolk contracts department office. Seven firms responded to the CBD announcement to request copies of the solicitation, and were placed on the bidders' mailing list. The agency also contacted six other firms that had submitted bids for the current contracts, including the protester, to ascertain whether they were interested in receiving the solicitation package. Unsworn Declaration of

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