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B-213459.2 1 (1984-11-02)

handle is hein.gao/gaobadlzt0001 and id is 1 raw text is: THE COMPTROLLER UENNERAL OECIION OP THE UNITED STATES WAUHINOTON. O.C. 04U PILE: B-213459.2 OATE: November 2, 1984 MATTUrR OF: Department of the Navy--Request for Reconsideration DIGEST: Initial GAO decision finding an IFB amendment not material based on the *most reasonable reading of the IFB is affirmed where the agency argues there are other reasonable interpretations of the IFB which would render the amendment material, but those interpretations are not as reasonable as the one on which GAO's decision was based; where one interpretation of an IFB stands out from all others as most reason- able, it essentially constitutes the only reasonable interpretation for purposes of GAO review. The Department of the Navy requests reconsideration of our decision Four Seasons Maintenance, Inc., B-213459, Mar. 12, 1984, 84-1 CPD 284, sustaining a protest by Four Seasons that its bid on a Capehart housing renovation project was improperly rejected as nonresponsive based on the failure to acknowledge an amendment. We found that the amendment was not material and that the bid therefore was responsive. The Navy challenges our conclusions. We affirm our decision. Although the IFB as originally issued did not explicitly state that the housing would be occupied during performance, it did state that: It is intended that disruption of use of facilities to occupants of Capehart Housing units will be held to an absolute minimum. The Navy, believing the occupancy requirements unclear, amended the Invitation for Bids (IFB) to expressly state that the building will be occupied during the course of the work. Four Seasons' bid failed to acknowledge this amendment and was rejected as nonresponsive based on the Navy's position that the occupancy requirement was material. We found the amendment not material because, in our opinion, the most reasonable reading of the quoted

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