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B-416611 1 (2018-10-01)

handle is hein.gao/gaobadvda0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States ....................................................................................................................... DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Daniels Building Company, Inc. File: B-416611 Date: October 1,2018 W. Barron A. Avery, Esq., and William B. O'Reilly, Esq., Baker & Hostetler, LLP, for the protester. Deborah K. Morrell, Esq., and Donald C. Mobly, Esq., Department of Veterans Affairs, for the agency. Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the solicitation precluded the agency from making award in amount over $10 million is denied where the record does not show that the protester suffered competitive prejudice because, even had it known that the agency would accept bids greater than $10 million, there is no indication that the protester would have submitted a lower-priced bid. DECISION Daniels Building Company, Inc., of Farmington Hills, Michigan, protests the award of a contract to Patriot Group Construction, LLC, of Monroe, Michigan, under invitation for bids (IFB) No. 36C25018B0093, issued by the Department of Veterans Affairs (VA) for building construction services. The protester alleges that the agency should have rejected the awardee's bid as nonresponsive because the awarded contract exceeded $10 million in consideration of the solicitation's terms. We deny the protest. The solicitation, issued on January 12, 2018, contemplated the award of a fixed-price contract to be completed over a 1-year period for the construction of a parking garage at the VA Ann Arbor Healthcare System in Michigan. IFB at 3, 7, 14. Bids were required to offer prices for a base item and a deductive alternate item. Id. at 3. The base item was for the entire parking garage, and the deductive alternate item was for the parking garage with one fewer level. Id.

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