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B-281180.2 1 (1998-12-29)

handle is hein.gao/gaocrptahyb0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: R.F. Lusa & Sons Sheetmetal, Inc. File: B-281180.2 Date: December 29, 1998 Leonard W. Childs, Jr., Esq., Childs & Lewis for the protester. Capt. Steven H. Levin, Department of the Army, for the agency. Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Unsigned or uninitialed inscription on the outside envelope of the protester's bid purportedly modifying the bid price reflected on the protester's bid form is not an effective bid modification where the bid or modification is not otherwise accompanied by evidence of the bidder's intent to be bound by the modification. DECISION R.F. Lusa & Sons Sheetmetal, Inc. protests the award of a contract to Brazos Roofing International of South Dakota, Inc. under invitation for bids (IFB) No. DAKF1O-98-B-0066, issued by the Department of the Army for roofing repair work at Fort Stewart and Hunter Army Airfield, Georgia. Lusa contends that the Army improperly failed to consider a modification to its bid price written on the envelope containing its bid, where that modification would have made it the low bidder. We deny the protest. The Army received three bids by bid opening. On the envelope containing Lusa's bid was the inscription ENVELOPE DEDUCTION 10% off all Bid items. This inscription was not signed or initialed. Without considering the envelope deduction, Lusa's bid was second low and Brazos's bid was low. If the deduction is applied to the bid price on the standard form (SF) 1442 on which Lusa submitted its bid, Lusa's bid would be the lowest. The Army determined that it could not consider the envelope inscription as an effective modification to Lusa's bid because it lacked a signature and was not in the proper form. Therefore, the Army made award to Brazos. Lusa contends that the Army should have modified its bid in accordance with the modification on the envelope containing its bid. Lusa asserts that the modification

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