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B-274347 1 (1996-12-03)

handle is hein.gao/gaocrptaelr0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: MCI Constructors, Inc. File: B-274347; B-274347.2 Date: December 3, 1996 Steven J. Weber, Esq., Watt, Tieder & Hoffar, for the protester. Christopher M. Bellomy, Esq., George N. Brezna, Esq., and Robert M. Roylance, Esq., Department of the Navy, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where solicitation states that option prices will be evaluated in determining which bid offers the lowest overall price for a construction contract, a bid, which is only low if the option is considered, is not materially unbalanced where the agency reasonably expects to exercise the option. DECISION MCI Constructors, Inc. protests an award to Danis Heavy Construction Company under invitation for bids (IFB) No. N62470-94-B-4124, issued by the Department of the Navy, Naval Facilities Engineering Command, for the wastewater treatment plant upgrade of the French Creek Wastewater Treatment Facilities, Marine Corps Base, Camp Lejeune, North Carolina. MCI contends that Danis's bid should be rejected as unbalanced. We deny the protest in part and dismiss it in part. The existing wastewater treatment facilities at Camp Lejeune do not comply with National Pollution Discharge Elimination System (NPDES) Permit No. NC0063029. Camp Lejeune is currently permitted to operate these facilities under a Special Order of Consent agreement entered into between Camp Lejeune and the North Carolina Environmental Management Commission. Under this agreement, compliance with the NPDES Permit is required by December 31, 1998. 329123

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