About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-279837 1 (1998-07-02)

handle is hein.gao/gaocrptahtv0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Temp Air Company, Inc. File: B-279837 Date: July 2, 1998 Larry D. Harris, Esq., and Sheila C. Stark, Esq., Piper & Marbury, for the protester. J. Stephen Brophy, Esq., U.S. Coast Guard, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's bid was properly rejected as nonresponsive where the rejected bid substituted photocopies of bid schedule pages from the base performance period for pages covering the option periods. The substituted pages did not contain the contract line item numbers covering the option year effort, creating ambiguity about whether the bidder was committed to providing the option year effort, and, if so, at what price. In addition, the substituted pages, in one case, specified a performance period shorter than the option year which the bidder intended the substitute page to cover. 2. Contracting officer's decision not to permit bid correction is reasonable where the bid is nonresponsive on its face, since responsiveness cannot be established after bid opening. DECISION Temp Air Company, Inc. protests the rejection of its low bid as nonresponsive under invitation for bids (IFB) No. DTCG40-98-B-40002, issued by the Department of Transportation, United States Coast Guard, for operations, maintenance and repair at the United States Coast Guard Yard at Curtis Bay, Maryland. Temp Air argues that the Coast Guard's rejection of its bid was based upon an erroneous conclusion that certain substitute pages used in Temp Air's bid schedule altered material terms of the invitation. We deny the protest. The IFB, issued October 17, 1997, contained a bid schedule calling for bids for a 10-month base period followed by four 1-year options, and provided that bids would be evaluated for award by adding the price for all the options to the price for the base period. IFB §§ M.4, M.6. The IFB anticipated award of a fixed-priced contract. In addition, the IFB indicated that award would be made on an all or

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most