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B-405417 1 (2011-10-06)

handle is hein.gao/gaobadogx0001 and id is 1 raw text is: 



J         G    A                                                          Comptroller General
        Accountability * Integrity * Reliability                           of the United States
United States Government Accountability Office  DOCUMENTFoR-PUBICRELEASE
Washington, DC 20548                                   The decision issued on the date below was subject to
                                                       a GAO Protective Order. This redacted version has
                                                       been approved for public release.

          Decision

          Matter of:   Mark Dunning Industries, Inc.

          File:        B-405417

          Date:        October 6, 2011

          Douglas P. Hibshman, Esq., Fox Rothschild LLP, for the protester.
          Thomas A. Coulter, Esq., and Nicole Hardin Brakstad, Esq., LeClair Ryan PC, for
          Container First Services, LLC, an intervenor.
          Captain Matthew E. Dyson, Department of the Army, for the agency.
          Mary G. Curcio, Esq., and David A. Ashen, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that low bid should be rejected as nonresponsive because it did not include a
          price for two line items is denied where dashes were inserted in the line items and
          the bid noted that the items would be provided at no charge or at $0.
          DECISION

          Mark Dunning Industries, Inc. (MDI), of Dothan, Alabama, protests the Department
          of the Army's award of a contract to Container First Services, LLC, (CFS) of
          Petersburg, Virginia, under invitation for bids (IFB) No. W91 QF5-1 1 -B-0001, for the
          collection, disposal, and recycling of solid waste. MDI asserts that the bid submitted
          by CFS should have been rejected as nonresponsive.

          We deny the protest.

          The IFB contemplated the award of a contract for one base year, with four one-year
          options and one six-month option. The base year and each option period were
          designated with a separate line item and each line item was comprised of sub-line
          items AA through AE. IFB at 64-82. The IFB required bidders to provide fixed
          prices for each sub-line item and a total price for each line item. Id. As relevant to
          this protest, for sub-line items AC offerors were required to propose a per ton
          disposal fee for recycling wood, grass and construction demolition that would be
          passed through to the government. For sub-line items AD offerors were required to
          propose a price to supply and maintain three thirty-cubic-yard self-contained
          compactors. The IFB provided that award would be made to the low priced,
          responsive, responsible bidder. IFB at 105.

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