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B-420138 Dec 03, 2021 1 (2021-12-03)

handle is hein.gao/gaomlj0001 and id is 1 raw text is: 1O o U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: American Mine Services, LLC File: B-420138 Date: December 3, 2021 Evan Willeke, American Mine Services, LLC, for the protester. Deena G. Braunstein, Esq., and Jenna Gustafson, Esq., Department of the Army, for the agency. Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly rejected bid as nonresponsive where the bid included language imposing conditions that limit the rights of the government under a standard Federal Acquisition Regulation clause incorporated by reference into the solicitation. DECISION American Mine Services, LLC (AMS), of Boulder, Colorado, protests the rejection of its bid, under invitation for bids (IFB) No. W912WJ21 B0022, issued by the Department of the Army, United States Army Corps of Engineers (Corps), for service gates. The protester argues that the agency unreasonably rejected its bid. We deny the protest. BACKGROUND The IFB was issued on July 16, 2021, under Federal Acquisition Regulation (FAR) part 14 as a total small business set-aside, to furnish and install two new service gates at the Surry Mountain Dam in Surry, New Hampshire. Contracting Officer's Statement/ Memorandum of Law (COS/MOL) at 1; Agency Report (AR), exh. A, IFB at 3, 14, 22.1 Relevant here, the IFB incorporated by reference FAR clause 52.249-10, Default (Fixed-Price Construction). IFB at 24. 1 The IFB was amended three times. The Corps provided the agency report documents in a single Adobe PDF document. All citations to the record are to the consecutive numbering of the pages in the Adobe PDF document.

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