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B-282382 1 (1999-06-23)

handle is hein.gao/gaocrptajjt0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Ellicott Engineering, hie. File: B-282382 Date: June 23, 1999 Harry R. Silver, Esq., Ober, Kaler, Grimes & Shriver, for the protester. Willie J. Williams, Esq., U.S. Army Corps of Engineers, for the agency. James Spangenberg, Esq., and Willie Commons III, Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly determined bid containing statements modifying material specification requirements was nonresponsive. DECISION Ellicott Engineering, Inc. protests the rejection of its bid as nonresponsive under invitation forbids (IFB) No. DACW69-99-B-0003, issued by the U.S. Army Corps of Engineers, Huntington, West Virginia, for the fabrication, assembly, and delivery of two lengths of leaf chain for dam gate hoists. We deny the protest. The IFB required the work to conform to Contract Drawing 023-L1-54/8A, which specified the type of material to be used as Forged Steel: ASTM A668-93, Class K' for items 17, 19 and 24 of the chain. IFB § H-1.1., at H-1. The IFB also stated: Flame cutting of material shall be subject to approval, and where proposed, shall be indicated on the shop drawings submitted to the Contracting Officer. IFB § C-6, at C-2. The IFB also provides for contracting officer approval of the use of any equipment or material used, including a requirement that the contractor submit evidence satisfactory to the contracting officer that such material conforms to the specification requirements. IFB § C-5, at C-2. Ellicott submitted the low bid of $158,500. In a cover letter attached to its bid, Ellicott stated:

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