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B-229506,B-229506.2 1 (1987-12-21)

handle is hein.gao/gaobadmyf0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision United States Department of Agriculture and Matterof: Lloyd H. Kessler, Inc. File: B-229506, B-229506.2 Date: December 21, 1987 DIGEST Where bid form did not explicitly require bids on all items, failure to bid on one item did not render bid nonresponsive when low bidder's total price exceeded sum of completed unit prices by amount of omitted line item. DECISION The Department of Agriculture's Soil Conservation Service (SCS) has requested an advance decision on the propriety of making an award to MOCON Corporation, under invitation for bids (IFB) No. SCS-3-OR-87, issued by SCS, for the construc- tion of an irrigation pipeline at Mount Hood, Oregon. MOCON was the low bidder on the IFB, but Lloyd H. Kessler, Inc., the second low bidder, filed an agency-level protest alleging that MOCON's bid is nonresponsive because Kessler failed to bid on all items. SCS agreed with Kessler's protest and MOCON protested the alleged nonresponsiveness of its bid to SCS. Subsequently, Kessler filed a protest with our Office alleging that MOCON is also nonresponsive since its bid bond had expired. We find that MOCON's bid is responsive. Therefore, we deny the protest. Kessler contends that since MOCON did not enter any dollar amount for line item 24, which was for the metalwork on the pipeline, MOCON must be found nonresponsive. Kessler cites Federal Acquisition Regulation (FAR), 48 C.F.R. S 52.214-18(c) (1986), which states: If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words 'not bid' in the space provided for any item on which no price is submitted.

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