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B-279132 1 (1998-05-11)

handle is hein.gao/gaocrptahro0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: D & L Construction Co., Inc. File: B-279132 Date: May 11, 1998 Larry L. Smith for the protester. Stephen Marvin, for A.C.E. General Contractors, Inc., an intervenor. Michael F. Kiely, Esq., Department of Agriculture, for the agency. Peter A. Jannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Contracting agency properly awarded a fixed-price construction contract to the awardee on the basis of its lowest priced bid, even though the bid contained an alleged price discrepancy for an additive item, where the contract was awarded for the basic construction work only and does not include the additive item. 2. Protest that the agency improperly accepted the awardee's bid despite the fact that the bid contained alleged minor irregularities regarding the title of the person who signed the bid and the date that the bid was signed is denied, where the title and date were clearly set forth in several other parts of the bid and the alleged irregularities do not affect price, quantity, quality, or delivery of the required construction services. 3. Protest that the awardee's bid was nonresponsive to the invitation for bids' (IFB) requirement that toilets be supplied from two manufacturers named in the specifications is denied, where the contracting agency reasonably interpreted the IFB as allowing installation of toilets manufactured by other than the named firms and the awardee's bid took no exception to the IFB's requirements. 4. Bid is not materially unbalanced where there is no evidence that the awardee's bid will not result in the lowest cost to the government. DECISION D & L Construction Co., Inc., protests the award of a construction contract to A.C.E. General Contractors, Inc., by the Forest Service, United States Department of Agriculture, pursuant to invitation for bids (IFB) No. R1O-98-01. The protester alleges that A.C.E.'s bid was nonresponsive and unbalanced. The protest is denied.

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