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B-403417 1 (2010-09-01)

handle is hein.gao/gaobadblk0001 and id is 1 raw text is: JiL AL G A O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Heath Construction, Inc. File: B-403417 Date: September 1, 2010 Dennis Heath for the protester. Lindsay C. Roop, Esq., Department of Veterans Affairs, for the agency. Paula J. Haurilesko, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a sealed bid procurement, which did not authorize the submission of bids by facsimile, the agency did not violate a procurement law or regulation when it rejected the protester's facsimile bid, even though the protester was informed by the contract specialist that it could submit its bid by facsimile. DECISION Heath Construction, Inc., of Arvada, Colorado, protests the rejection of its bid under invitation for bids (IFB) No. VA-263-10-RA-0142, issued by the Department of Veterans Affairs (VA) for an electrical generator. The VA rejected the bid because it was submitted by facsimile. We deny the protest. The IFB provided for the award of a contract for the acquisition and installation of an electrical generator to provide standby power to the operating suite of the Sioux Falls VA medical center. IFB at 5-6. The IFB incorporated by reference Federal Acquisition Regulation (FAR) clause 52.214-5, Submission of Bids, which provides that facsimile bids would not be considered unless authorized by the solicitation. Id. at 16. The IFB also instructed potential offerors to contact the contract specialist in the event of questions. Id. at 1. One day before bid opening, Heath contacted the contract specialist to ask whether the bid could be submitted by email or facsimile transmission. Agency Report, Tab 2, Emails between Heath and the VA. The contract specialist informed Heath that the firm could transmit its bid by facsimile transmission to the attention of the

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