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B-410603 1 (2015-01-14)

handle is hein.gao/gaobadqwm0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE 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. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Glen Mar Construction, Inc. File: B-410603 Date: January 14, 2015 Joaquin M. Hernandez, Esq., and Jeremy T. Vermilyea, Esq., Schwabe, Williamson & Wyatt, for the protester. Brett Hanke for Hanke Constructors, an intervenor. David G. Fagan, Esq., Department of Veterans Affairs, for the agency. Charles W. Morrow, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the agency made award to other than the lowest-priced bidder in a sealed bid procurement is sustained where the agency evaluated the bid prices for the base construction project and nine options--which were styled as options but were analogous to additive construction items to be selected at the time of award, or within 120 days of award--even though the record reflects that the agency knew with reasonable certainty that it lacked sufficient funds to purchase all of the additive option items. DECISION Glen Mar Construction, Inc., of Clackamas, Oregon, protests the award of a contract to Facility Defense Consultants, Inc. d/b/a Hanke Constructors, of O'Fallon, Missouri, under invitation for bids (IFB) No. VA260-14-B-0412, which was issued by the Department of Veterans Affairs (VA) for construction of a medical center building. Glen Mar argues the agency's evaluation of the bidders' prices was unreasonable because it resulted in award to other than the lowest-priced bidder. We sustain the protest. BACKGROUND The IFB was issued on July 21, 2014, as a service-disabled-veteran-owned small business set-aside, and anticipated award of a fixed-priced contract for construction of a primary care building at the VA Medical Center in Vancouver, Washington. See

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