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![handle is hein.gao/gaocrptajii0001 and id is 1 raw text is:
Comptroller General
of the United States
Washington, D.C. 20548
Decision
Matter of: KG., Inc.
File: B-281948
Date: May 10, 1999
Kevin P. Connelly, Esq., John C. Lavorato, Esq., and Michael D. Garson, Esq.,
Seyfarth, Shaw, Fairweather & Geraldson, for the protester.
Gena E. Cadieux, Esq., and Joseph Lenhard, Esq., Department of Energy, for the
agency.
Robert C. Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest that awardee's bid should have been rejected as nonresponsive for alleged
failure to comply with a solicitation requirement that bids for first 2 performance
years be priced in accordance with an applicable wage determination is denied
where the bid satisfied the requirement.
DECISION
KG., Inc. (KGI) protests the award of a contract to Miracle Services, Inc. under
invitation for bids (IFB) No. DE-FBO1-99AD66850, issued by the Department of
Energy (DOE) as a small business set-aside for certain janitorial and maintenance
services to be performed at the agency's Forrestal Building headquarters in
Washington, DC and at an adjacent child development center. The protester
principally alleges that Miracle's bid should have been rejected as nonresponsive for
failure to comply with an IFB pricing requirement, and that the bid is unbalanced.
We deny the protest.
The IFB was issued on November 10, 1998, and bids were opened on December 10.
Bidders were required to submit all-inclusive prices for a base year (year 1) and
four 1-year option periods (years 2 through 5). The bid schedule provided that, for
each year, the bidder was to submit separate pricing for: (1) a DOE Unilateral
Option for Cleaning of Forrestal Cafeteria; (2) a DOE Unilateral Option for
Cleaning of the Forrestal Child Development Center, which is adjacent to the
Forrestal Building; and (3) [a]ll remaining cleaning services in accordance with the
Statement of Work [SOW]. IFB amend. 3, § B.5; IFB § B.6. The IFB notified
bidders that the contract awarded would be subject to the Service Contract Act
(SCA). IFB § B.9(c). A Collective Bargaining Agreement (CBA) between the
Service Employees International Union and the current contractor was to serve as](ViewImageLocal?handle=hein.gao/gaocrptajii0001&div=1&collection=&method=preview&ext=.png&size=3)