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B-285666 1 (2000-08-21)

handle is hein.gao/gaocrptaldy0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Reece Contracting, Inc. File: B-285666 Date: August 21, 2000 S. Leo Arnold, Esq., Ashley, Ashley & Arnold, for the protester. Robert M. Anderson, Esq., and Edward Goldstein, Esq., Army Corps of Engineers, for the agency. Christina Sklarew, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Award based on bid that may have included unbalanced pricing is unobjectionable where agency's comparison of bids along with analysis of awardee's contract line item prices provided an appropriate basis for determination that the prices were reasonable and did not present an unacceptable level of risk to the government. DECISION Reece Contracting, Inc. protests the award of a contract to Merrick Construction Co. by the Army Corps of Engineers under invitation for bids (IFB) No. DACW38-00-B- 0010 for a levee construction project. Reece alleges that Merrick's bid should have been rejected because it contained unbalanced pricing that presented the likelihood of an advance payment. We deny the protest. The IFB, issued in January 2000, sought fixed-price bids for the construction of levees, drainage structures, closure structures, and levee surfacing as part of a larger project in Catahoula Parish, Louisiana. The IFB listed 18 contract line item numbers (CLIN) for the work to be performed, and required bidders to submit lump-sum prices for certain CLINs and unit prices for others. Reece's protest is directed only at Merrick's prices for CLINs 0001 (mobilization and demobilization), 0002 (clearing and grubbing), 0003 (turfing), and 0008 (compacted fill).

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