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B-280772.2 1 (1998-12-04)

handle is hein.gao/gaocrptahwu0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Massaro Company; Poerio Inc. File: B-280772.2; B-280772.3 Date: December 4, 1998 Joseph A. Massaro, Jr., Esq., for Massaro Company; and Keith L. Baker, Esq., and Jeffrey E. Weinstein, Esq., Eckert Seamans Cherin & Mellott, for Poerio Inc., the pro testers. Kenneth B. MacKenzie, Esq., and Charlma Quarles, Esq., Department of Veterans Affairs, for the agency. Susan K McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency did not have a compelling reason to cancel solicitation after bid opening based upon allegedly ambiguous pricing requirements, where the solicitation, when read as a whole, is susceptible to only one reasonable interpretation regarding how bidders were to structure their bids. DECISION Massaro Company and Poerio Inc. protest the cancellation after bid opening of invitation for bids (IFB) No. 9810 A/E, issued by the Department of Veterans Affairs (VA) for the environmental improvement of three inpatient units at the VA Medical Center, Pittsburgh, Pennsylvania. The protesters contend that, contrary to the agency's stated reason for canceling the IFB, the solicitation's pricing terms were not ambiguous; the protesters seek reinstatement of the canceled IFB. We sustain Poerio's protest and deny Massaro's protest for lack of prejudice. The IFB, issued on June 1, 1998, required bidders to provide prices (figures) for two bid items (items I and II, described below) and three alternates (described as minor additions or deletions to the IFB's performance requirements); a unit price for mine grouting also was required. The IFB provided, at § 01010, 1.2.A., the following descriptions:

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