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B-278205 1 (1998-01-06)

handle is hein.gao/gaocrptahnj0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: The Lisle Company File: B-278205 Date: January 6, 1998 Christopher L. Meacham, Esq., Meacham & Earley, P.C., for the protester. Donald M. Conner for Conner Brothers Construction Company, Inc., an intervenor. William A. Hough, Esq., and Gregory W. Vanagel, Esq., Department of the Army, for the agency. Robert Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the acceptance of a modified bid on the basis that the modification rendered the intended price ambiguous is denied where the bid remains low under any interpretation of the modification. 2. Allegation that agency accepted a late bid modification is denied where it is based on speculation and is essentially contradicted by the record. DECISION The Lisle Company protests the award of a contract to Conner Brothers Construction Company, Inc., under invitation for bids (IFB) No. DACA21-97-B-0053, issued by the Department of the Army, Corps of Engineers, for the construction of a rail loading facility at Fort Benning in Georgia. Lisle maintains that the agency improperly accepted a modification to Conner's bid. We deny the protest. BACKGROUND The IFB, issued on August 26, 1997, called for a base bid consisting of nine line items, Nos. 0001 through 0009, with additive work included in line item Nos. 0010 through 0013. The bid schedule required bidders to enter five totals as follows: base bid; base bid plus additive No. 1; base bid plus additives Nos. 1 and 2; base bid plus additives Nos. 1 through 3; and base bid plus additive items Nos. 1 through 4. The IFB provided that the low price would be calculated by determining which bid offered the lowest aggregate amount for the . . . base bid . . . plus . . . (in the order stated in the list of priorities in the bid schedule) those additive . . . items that

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