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B-261506.2 1 (1995-11-07)

handle is hein.gao/gaocrptaccg0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Adler Construction, Inc. File: B-261506.2 Date: November 7, 1995 Rosemary Hanna Hayes, Esq., and Paul W. Moses II, Esq., Maguire, Voorhis & Wells, for the protester. Christopher P. Kneib, Esq., Cynthia S. Guill, Esq., and Diane D. Hayden, Esq., Department of the Navy, for the agency. C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting officer properly rejected bid containing language that made it uncertain, absent post-bid opening explanation, whether bidder intended to provide ozone treatment system in accordance with specifications. DECISION Adler Construction, Inc. protests the award of a contract to Heard Construction, Inc. under invitation for bids (IFB) No. N62467-94-B-2690, issued by the Naval Facilities Engineering Command for installation of an ozone water treatment system. Adler contends that the Navy erroneously determined its bid to be nonresponsive. We deny the protest. On April 4, 1995, the agency issued the solicitation for a fixed-price contract to install a new ozone water treatment system and ancillary mechanical and electrical systems for cooling towers at the Naval Air Warfare Center in Orlando, Florida. Adler submitted the lowest of 11 bids received on May 18. Item 17 of the bid form, standard form (SF) 1442, where Adler entered its bid price, contained the following notation: Price based on alternate ozone equipment than shown on drawings. On May 19, in response to an inquiry by a contract specialist, Adler provided an explanation of its bid, in which it denied taking exception to any of the solicitation requirements. The Navy concluded, however, that it could not determine that the bid was responsive without consideration of the post-bid opening explanation. Accordingly, by letter of July 12, the Navy rejected Adler's bid, and this protest followed. 1110117

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