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B-278598 1 (1998-02-18)

handle is hein.gao/gaocrptahph0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: T & S Maintenance Services File: B-278598 Date: February 18, 1998 Tommie W. McKoy for the protester. James R. Barfield, for Barfield's Maintenance Service, an intervenor. Col. Nicholas P. Retson and Capt. John C. Lavorato, Department of the Army, for the agency. Jacqueline Maeder, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly rejected as nonresponsive a low bid that failed to acknowledge a material solicitation amendment which added a requirement that the contractor routinely perform certain maintenance work that had been the government's responsibility under the original solicitation. DECISION T & S Maintenance Services protests the rejection of its low bid and the award of a contract to Barfield's Maintenance Service under invitation for bids (IFB) No. DAIF40-97-B-0016, issued by the United States Department of the Army for the operation and maintenance of a Classified Material Destruction Facility (CMDF) at Fort Bragg, North Carolina. T & S's bid was rejected as nonresponsive because it did not acknowledge amendment No. 0001. T & S contends that the amendment was not material and that its failure to acknowledge the amendment should be waived as a minor informality. We deny the protest. The solicitation, issued August 15, 1997, contemplated the award of a firm, fixed- price contract for 1 year with four 1-year options for the operation and maintenance of the CMDF. Among other things, paragraph C.3.2.6 of the original solicitation, entitled Grounds Maintenance, provided that: Maintenance of the grounds area is the responsibility of the Government unless effected by negligence of the Contractor whereupon it becomes the sole responsibility of the Contractor. On September 3, the agency issued amendment No. 0001, responding to five questions concerning the solicitation requirements. As is relevant here, one of the questions was: Is the contractor responsible for area maintenance around the

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