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B-293647 1 (2004-05-04)

handle is hein.gao/gaobaczfv0001 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: Thompson  Metal Fab, Inc.

         File:       B-293647

         Date:       May 4, 2004

         Gregory L. Powell, Esq., Foster Pepper Tooze, for the protester.
         Rodney R. Mills, Esq., Seifer, Yeats, Mills & Zwierzynski, for Triad Mechanical, Inc.,
         an intervenor.
         J. Tyler Moore, Esq., United States Army Corps of Engineers, for the agency.
         Paul N. Wengert, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Bid that contained multiple photocopies of bid schedule for one option, as
         substitutes for the bid schedule pages for three other options without clearly
         indicating that the photocopied pages were intended to relate to the other options
         required to be priced under the invitation for bids, was properly rejected as
         ambiguous and thus nonresponsive.
         DECISION

         Thompson  Metal Fab, Inc., a small business, protests the rejection of its bid as
         nonresponsive to perform the McNary Lock and Dam Spillway Gate Rehabilitation
         project for the United States Army Corps of Engineers under invitation for bids (IFB)
         No. DACW68-03-B-0020. Thompson  argues that its bid was unambiguous and
         responsive to the IFB.

         We  deny the protest.

         The Corps issued the IFB on November 26, 2003. A series of amendments to the IFB
         were issued. As relevant here, on December 29, the Corps issued an amendment
         providing substitute pages for the bid schedule, Section 00010 of the solicitation.
         As amended, the bid schedule consisted of ten pages, reflecting a base requirement
         (two pages) plus four options (two pages each). The base requirement provided for
         the rehabilitation of four gates. Each of the four options provided for the
         rehabilitation of one additional gate. The options were denominated Option A --
         Rehabilitate First Additional Gate through Option D -- Rehabilitate Fourth
         Additional Gate. RFP amend. 2, § 00010. For the successive additional gate options,

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