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B-280643 1 (1998-11-02)

handle is hein.gao/gaocrptahwj0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Enviromediation Services, LLC

             File:       B-280643

             Date:        November 2, 1998

             D. Lee Roberts, Jr., Esq., Long, Weinberg, Ansley & Wheeler, for the protester.
             Kimberly A. Kegowicz, Esq., Department of Transportation, for the agency.
             Wm. David Hasfurther, Esq., and Michael R. Golden, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             Where solicitation amendment deleted one item of work, a deletion which had no
             effect on the price or the quality of the work required, bidder's bid was improperly
             rejected as nonresponsive for the failure to acknowledge receipt of the amendment.
             DECISION

             Enviromediation Services, LLC protests the rejection of its bid under invitation for
             bids (IFB) No. DTCG83-98-B-3WF199, issued by the United States Coast Guard for
             demolition of two housing units and construction of a parking lot.
             Enviromediation's bid was rejected as nonresponsive because the firm did not
             acknowledge in its bid the receipt of an amendment which deleted one item of
             work. Enviromediation argues that since the price it bid for the deleted work can
             simply be deducted from its total bid price, it should receive the award based upon
             its low total bid price for the work under the amended JFB.

             We sustain the protest.

             The IFB required bidders to submit prices for a basic bid and three unit bid items.
             IFB § B, at 3. Under the basic bid, bidders were to submit one price for the
             removal and disposal of all indicated asbestos-containing materials in the two
             housing units prior to general demolition of the units, for procuring an independent
             sampling and testing company to perform testing for lead-based paint materials
             prior to general demolition of the units, for the demolition of the units and disposal
             of all demolition debris as normal construction debris, and for the removal and
             disposal of housing unit concrete slabs and footings, timber piles and utility lines.
             Under unit bid item 001, bidders were to submit a price for the additional cost of
             disposing of demolition debris if it consisted of lead-based paint materials. Unit bid
             item 002 required a price for the disposal of the concrete entrance drive and other
             miscellaneous site features and the construction of a new asphalt concrete parking
             area and court area. Unit bid item 003 required a price for the removal/disposal of

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