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B-292578 1 (2003-10-10)

handle is hein.gao/gaobadiwf0001 and id is 1 raw text is: I & , G A 0 Comptroller General . Accountability * Integrity Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: DLH Construction and Trucking Company, Inc. File: B-292578 Date: October 10, 2003 Jullane J. Jackson for the protester. Sanford A. Solomon, Esq., and Ronald 0. Wietecha, Esq., U.S. Army Corps of Engineers, for the agency. Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting agency properly rejected bid as nonresponsive where the bid required agency to exercise the first and second option year at time of award where the solicitation did not call for the agency to do so, and thus materially altered the rights of the contracting agency. DECISION DLH Construction and Trucking Company, Inc. protests the rejection of its bid as nonresponsive and the subsequent award of a contract to Holly Marine Towing, Inc. under invitation for bids (IFB) No. DACW23-03-B-0001, issued by the Army Corps of Engineers, Chicago District, for various quantities of stone material. DLH contends that the Corps erroneously rejected its bid as nonresponsive. We deny the protest. The IFB, which was issued on February 11, 2003 and amended three times prior to bid opening, provided for the award of an indefinite-delivery/indefinite-quantity fixed-price contract for a base period with four 1-year option periods. IFB at 38. The successful contractor is required to furnish, deliver and unload the stone material onto a government-furnished stone dock located on the Calumet River in Chicago, Illinois. The stone material furnished under this procurement will be used to repair various navigation structures located in Illinois and Indiana and as set forth in the statement of work (SOW) is divided into three size categories: Type A stone

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