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B-270125 1 (1996-01-18)

handle is hein.gao/gaocrptadwr0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Southern Maryland Restoration, Inc.

File:        B-270125

Date:     January 18, 1996

Andres Santos for the protester.
Douglas L. Patin, Esq., Spriggs & Hollingsworth, for Barefoot & Company, Inc., an
interested party.
J.J. Cox, Esq., and Madeline Shay, Esq., Department of the Army, for the agency.
Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Post-award protest by apparent low bidder whose bid was rejected and who verified
bid price by asserting that the solicitation did not require removal of lead-based
paint from wooden windows to be repaired or replaced is denied since protester's
interpretation would not give effect to the solicitation's requirement, when read as a
whole, for the removal of lead-based paint from these wooden windows.
DECISION

Southern Maryland Restoration, Inc. (SMR) protests the award of a contract to
Barefoot & Company, Inc. under invitation for bids (IFB) No. DACA31-95-B-0047,
issued by the Army Corps of Engineers, Baltimore District, for window and pointing
requirements at Fort Belvoir, Virginia. The protester contends that the Army
improperly rejected its apparent low bid.

We deny the protest.

The IFB anticipated award of a fixed-price requirements contract for these services,
to be performed over 1 base year with up to 2 option years. The bid schedule
advised prospective bidders that the contractor was to provide all plant, labor,
materials, and equipment necessary to perform the work in accordance with
contract specifications, and that unit prices were to encompass all elements of
performance to be accomplished under each line item.

Contract line item No. (CLIN) 0001, Repair of Window Unit, required the
contractor to repair 1,267 window units over the 3-year contract period. The
description under this CLIN stated that [r]epair of wood window shall be in
accordance with referenced [construction specification] sections and include but


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