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B-293050 1 (2003-12-19)

handle is hein.gao/gaobacynd0001 and id is 1 raw text is: 


  I

         G    A    0Comptroller General
 .. . .Accountability * Integrity * Reliability                    of the United States
United States General Accounting Office
Washington, DC 20548


             D  ..
         Decision


         Matter  of: Contractors Northwest, Inc.

         File:       B-293050

         Date:       December  19, 2003

         John C. Black, Esq., Dunn & Black, for the protester.
         Richard L. Lambe, Esq., Lambe Law Firm, for Ohno Construction Co., an intervenor.
         Ronald S. Marsh, Esq., U.S. Army Corps of Engineers, for the agency.
         Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Agency properly awarded contract based on evaluation of base and optional items,
         where invitation for bids (IFB) informed bidders that optional items would be
         evaluated and agency had a reasonable expectation that funding would be received
         in time to exercise the options in accordance with the IFB provisions.
         DECISION

         Contractors Northwest, Inc. (CNI) protests the award of a contract to Ohno
         Construction Co. by the Army Corps of Engineers under invitation for bids (IFB)
         No. DACW67-03-B-0011 for the construction and modernization of the Riley Creek
         Campground  in Idaho.

         We  deny the protest.

         The IFB, issued on June 6, 2003, anticipated award of a fixed-price contract for labor,
         materials, and equipment to renovate campsites and related facilities. Work was
         apportioned among contract line item numbers (CLIN) for base items (CLINs 001
         through 005) and optional items (CLINs 006 through 0016). Bidders were
         instructed to quote on all items in this [IFB] and were advised that the evaluation
         of bids would be based upon the total price quoted for all items. The IFB also
         stated that award would be made on an all or none basis. IFB § 00100 at 16.
         However, the IFB also provided that optional items could be exercised at any time,
         or not at all, but no later than 180 calendar days after receipt by the Contractor of
         notice to proceed. IFB, Special Clause 1.1(a). The IFB also contained two clauses
         concerning the evaluation of optional items that are pertinent here:

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