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B-270275 1 (1996-02-21)

handle is hein.gao/gaocrptadxu0001 and id is 1 raw text is: 


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

Decision



Matter of: Aztec Development Co.

File:        B-270275

Date:        February 21, 1996

Troy M. Deal, Jr. for the protester.
Nilza F. Velazquez, Esq., Department of Transportation, United States Coast Guard,
for the agency.
Susan K. McAuliffe, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Irrespective of whether protester's bid for a fixed-price contract for survey and
dredging services may have been mathematically unbalanced, the bid was not
materially unbalanced where, in view of the short (14-day) contract performance
period and the solicitation's payment provisions, award to the protester would have
resulted in the lowest overall cost to the government, and acceptance of the bid
would not have led to improper advance payments.
DECISION

Aztec Development Co. protests the rejection of its bid as materially unbalanced
under invitation for bids (IFB) No. DTCGG1-95-B-3WK331, issued by the Department
of Transportation, United States Coast Guard, for survey and dredging services at
the entry channel to the United States Coast Guard Station Eatons Neck, Northport,
New York.

We sustain the protest.

The IFB required bidders to submit prices for two line items. Line item No. 0001AA
was to [p]rovide pre-dredge and post-dredge hydrographic surveys; the bid
schedule provided a space for the bidder to enter its lump-sum price for the item.
Line item No. 0001AB was to [p]erform dredging and dispose of dredged material
at an estimated quantity of 10,000 cubic yards; the bid schedule provided spaces for
the bidder to enter its unit (cubic yard) price and total (extended) price for the
item. The bid schedule also had a space for the bid's total lump-sum price. The
contractor was to furnish all labor, material, equipment, supervision, and
transportation necessary for the entrance channel dredging. The IFB provided that
performance of the contract was to be completed within 14 days after the
contractor's receipt of the notice to proceed. The IFB also provided that the


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