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B-405818,B-405818.2 1 (2012-01-04)

handle is hein.gao/gaobadolm0001 and id is 1 raw text is: G A 0 Comptroller General LAccountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: W.B. Construction and Sons, Inc. File: B-405818; B-405818.2 Date: January 4, 2012 Lynn Patton Thompson, Esq., Biggs, Ingram, Solop & Carlson, PLLC, for the protester. Howard Strackbein, Esq., Department of the Army, for the agency. Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Rejection of a bid as nonresponsive for failing to provide the price for one of many line items included in the bid schedule was improper, where the item for which the price was omitted is divisible from the solicitation's overall requirements, de minimis as to total cost, and would not affect the competitive standing of the bidders; the omission should be waived as a minor informality under such circumstances. 2. Rejection of a bid as nonresponsive because it was unbalanced is improper where the agency failed to conduct a risk analysis to determine whether the protester's unbalanced bid posed an unacceptable risk to the government, as required by Federal Acquisition Regulation § 15.404-1(g). DECISION W.B. Construction and Sons, Inc., of Pierre Part, Louisiana, protests the award of an indefinite-delivery/indefinite-quantity (ID/IQ) contract to Tanner Heavy Equipment Company, LLC, of Leesville, Louisiana, issued by the Department of the Army, U.S. Army Corps of Engineers under invitation for bids No. W9126G-11-B-0003 for road and drainage work at Fort Polk, Louisiana. We sustain the protest. BACKGROUND The IFB, issued on August 2, 2011 as a total small business set-aside, contemplated the award of a fixed-price ID/IQ construction contract, for a base year with four

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