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B-292171 1 (2003-06-03)

handle is hein.gao/gaobacyij0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Brickwood Contractors, Inc. File: B-292171 Date: June 3, 2003 Veron L. Kalos for the protester. Julia L. Perry, Esq., Federal Highway Administration, for the agency. Tania Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably concluded it had a compelling reason to cancel invitation for bids after bid opening where the solicitation's language was ambiguous concerning certain certification requirements associated with the application and removal of paint from the steel structures of a bridge, creating a competition conducted on an unequal basis, and where one of the reasonable interpretations of the certification requirements would not meet the agency's actual needs. DECISION Brickwood Contractors, Inc. protests as improper the cancellation of invitation for bids (IFB) No. DTFH71-03-B-00019, issued by the Department of Transportation, Federal Highway Administration (FHWA), for cleaning and painting the structural steel of a bridge on the George Washington Memorial Parkway in Arlington County, Virginia. We deny the protest. The principal purpose of this solicitation was to obtain the services of a firm to clean and paint all of the bridge's exposed steel surfaces. In addition to the tasks of surface preparation and painting, the work included the containment and collection of surface preparation debris, the disposal of surface preparation debris, and a worker health protection program. Accordingly, two of the solicitation's line items were for surface preparation and painting, steel structure and containment system and worker protection plan. Bid Schedule at 4. The solicitation included the clause at Federal Acquisition Regulation § 52.236-1, Performance of Work by the Contractor, which requires the contractor to perform on the site, and with its own

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