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B-412255,B-412255.2 1 (2016-01-13)

handle is hein.gao/gaobadrvi0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States U n ite d S tate s G o v e rn m e n t A c c o u nta b ility O ff ice ----------------------------------------------------------------------------------------------------------------------- Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: Ultimate Concrete, L.L.C. File: B-412255; B-412255.2 Date: January 13, 2016 Bret S. Wacker, Esq., Thomas M. Keranen, Esq., and Jeffrey M. Gallant, Esq., Clark Hill, PLC, for the protester. David A. Rose, Esq., Moser Rose, LLP, for Fortis Networks, Inc., the intervenor. Charles L. Webster III, Esq., and Lloyd R. Crosswhite, Esq., Department of the Army, Army Corps of Engineers, for the agency. Evan D. Wesser, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. An agency improperly permitted the awardee to modify its bid by reallocating prices among contract line items after bid submission where there was not clear and convincing evidence of the awardee's intended allocation of line item prices. 2. Notwithstanding the improper reallocation of contract line items, the protester failed to establish competitive prejudice where the reallocated bid did not change the bidders' relative competitive positions and the agency reasonably found that the awardee's originally submitted bid, although mathematically unbalanced, was not materially unbalanced, and otherwise reasonably evaluated the risk associated with the awardee's proposed pricing. DECISION Ultimate Concrete, L.L.C., a small business, of El Paso, Texas, protests the award of a contract to Fortis Networks, Inc., a small business, of Phoenix, Arizona, under invitation for bids (IFB) No. W9126G-15-B-0028, which was issued by the Department of the Army, Army Corps of Engineers-Fort Worth District, for the replacement of approximately 2.5 miles of an existing section of the United States Border Patrol legacy fence in Sunland Park, New Mexico, along the United States/Mexico International Border. Ultimate Concrete argues that the Army unreasonably allowed Fortis to revise its bid by reallocating contract line items after bid submission, and that the Army could not reasonably make award based on Fortis' original bid because it was materially unbalanced.

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