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B-409208.2 1 (2014-04-03)

handle is hein.gao/gaobadqfc0001 and id is 1 raw text is: 



f\      G    A      0Comptroller General
              ~ty * Integrity * Rellability                          of the United States
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of:  Hamilton Pacific Chamberlain, LLC

          File:       B-409208.2

          Date:       April 3, 2014

          Griffin Hamilton, for the protester.
          Tony A. Ross, Esq., Department of Veterans Affairs, 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 denied where, although low bidder failed to bid on alternate item that was
          not selected for award by the procuring agency, low bidder submitted valid bid for
          base item actually awarded, and its bid was therefore responsive.
          DECISION

          Hamilton Pacific Chamberlain, LLC, doing business as HPC, LLC, of Waldorf,
          Maryland, a small business, protests the award of a contract to BES Design/Build,
          LLC, of Fairhope, Alabama, by the Department of Veterans Affairs (VA) under
          invitation for bids (IFB) No. VA245-13-B-0272 for construction services at the VA
          Medical Center in Martinsburg, West Virginia. HPC argues that the VA should have
          rejected the bid submitted by BES as nonresponsive.

          We deny the protest.

          BACKGROUND

          The VA issued the IFB on July 22, 2013, seeking bids to renovate Building 415B at
          the VA Medical Center. The IFB was set aside for service-disabled, veteran-owned
          small businesses (SDVOSB).

          Before bids were due, the VA issued five amendments to the IFB. As relevant to the
          protest, amendment 2 modified the statement of work and established two bid line
          items, among other things. As amended, line item 1 remained the base bid line
          item, while the new line item 2 was expressly labeled as an alternate deductive
          item. The line 1 base bid provided for the renovations of the building, while the

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