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B-270162 1 (1996-02-01)

handle is hein.gao/gaocrptadxa0001 and id is 1 raw text is: 


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

Decision


Matter of: Applicators, Inc.

File:       B-270162

Date:       February 1, 1996

Joseph H. Kasimer, Esq., Kasimer & Ittig, for the protester.
Christopher M. Kerns for Fort Myer Construction Corporation, the intervenor.
Gregory H. Petkoff, Esq., and Jean M. Redzikowski, Esq., Department of the
Air Force, for the agency.
Henry J. Gorczycki, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision., for the protester.
DIGEST

Award to bidder submitting the lowest base bid is proper, even though that bid is
not the lowest aggregate bid inclusive of an additive item, where the available funds
are sufficient to cover only the base bid.
DECISION

Applicators, Inc. protests the award of a contract to Fort Myer Construction
Corporation under invitation for bids (IFB) No. FA4416-95-B-A063, issued by the
Department of the Air Force for the construction of a parking lot and drainage for
Hangar 11 at Andrews Air Force Base, Maryland.

We deny the protest.

The IFB bid schedule, as amended, sought bid prices for contract line items
numbers (CLIN) 0001 and 0002--identified as the base bid for the construction of the
parking lot--and for CLINs 0003AA, 0003AB, and 0004--which together are identified
as an additive item for construction of drainage. The IFB incorporated by reference
the provision at Defense Federal Acquisition Regulation Supplement (DFARS)
§ 252.236-7007, Additive or Deductive Items (Dec 1991), which states in pertinent
part:

      (a) The low offeror and the items to be awarded shall be determined
      as follows--

          (1) Prior to the opening of bids, the Government will determine
          the amount of funds available for the project.


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