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B-283749 1 (1999-12-29)

handle is hein.gao/gaocrptajnh0001 and id is 1 raw text is: h -e GeAtOa E Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Industrial Builders, Inc. File: B-283749 Date: December 29, 1999 Philip L. Bruner, Esq., and William L. Roberts, Esq., Faegre & Benson, for the protester. Marvin T. Fabyanske, Esq., and Arlene D. Anderson, Esq., Fabyanske, Westra & Hart, for Swanberg Construction Company, Inc., an intervenor. Robert M. Andersen, Esq., Karen Da Ponte, Esq., and Steven P. Adamski, Esq., U.S. Army Corps of Engineers, for the agency. Susan K McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Under invitation for bids (IFB) for construction of water control structure, agency reasonably rejected bid as unbalanced where bidder failed to allocate the cost of a cofferdam (a dewatering measure) among related work items requiring dewatering measures, as provided in the IFB, and instead included the cost of a cofferdam in its lump-sum line item price for a relatively minor work requirement for clearing, grubbing, and snagging of debris on the site, rendering the bidder's price for that line item many multiples higher than the government's estimate for the item and the other bids received; rejection of the bid was proper based upon agency's reasonable determination that the unbalancing posed an unacceptable risk that the government would make a substantial payment to the bidder upon completion of the required clearing, grubbing, and snagging work, without any assurance that the bidder would have constructed the cofferdam which was included in its price for that line item. DECISION Industrial Builders, Inc. (1131) protests the rejection of its bid as unbalanced under invitation forbids (IFB) No. DACW37-98-B-0017, issued by the U.S. Army Corps of Engineers, St. Paul District, for the installation of a new water control structure at the outlet of a Lake Traverse flood control reservoir, located on the Minnesota/South Dakota border. We deny the protest.

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