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B-408930.2 1 (2014-02-14)

handle is hein.gao/gaobadqbu0001 and id is 1 raw text is: G A 0 Comptroller General ~ty * Integrity * Rellability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: C&D Construction, Inc. File: B-408930.2 Date: February 14, 2014 Curtis Deen and Gregg Galzerano, C&D Construction, Inc., for the protester. James E. Krause, Esq., James E. Krause, P.A., for RUSH Construction, Inc., the intervenor. Susan E. Symanski, Esq., and Charles T. Pino, Esq., Department of the Army, Corps of Engineers, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where agency improperly waived bidder's failure to submit bid for option work because, by labeling both pages of bid schedule as applying to base requirement, bid did not clearly commit bidder to perform optional scope of work. DECISION C&D Construction, Inc., of Cocoa, Florida, a small business, protests the award of a contract to RUSH Construction, Inc., of Titusville, Florida, under invitation for bids (IFB) No. W912EP-1 3-B-0007, issued by the Department of the Army, Corps of Engineers, for construction services to repair the Canaveral Lock East and West timber approach walls to restore the walls to an operational condition, at the Canaveral Lock and Barge Canal, in Brevard County, Florida. IFB Synopsis at 1. C&D argues that the Corps of Engineers should have rejected RUSH's bid as nonresponsive. We sustain the protest. The Corps of Engineers issued the IFB on August 2, 2013, as a small business set- aside, to obtain bids to provide needed repairs to the Canaveral Lock, as described in the accompanying construction specifications. As issued, the IFB divided the work into a base requirement for repairs to the west wall, and an option requirement for repairs to the east wall. IFB at 1OA-1 to 1OA-2. Among the bid schedule line

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