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B-286592.2 1 (2001-04-13)

handle is hein.gao/gaocrptamml0001 and id is 1 raw text is: G A O0 Comptroller General A a * Integrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: South Atlantic Construction Company, LLC File: B-286592.2 Date: April 13, 2001 Joel S. Rubinstein, Esq., Bell, Boyd & Lloyd, for the protester. Gilbert J. Ginsburg, Esq., for Phoenix Contracting Services, Inc., an intervenor. Joshua A. Kranzberg, Esq., and David H. Scott, Esq., U.S. Army Materiel Command, for the agency. Christina Sklarew, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency was required to reject bid for failure to satisfy bid guarantee requirement is denied where the amount of the contested bid guarantee was greater than the difference between that firm's bid and next low bid and agency properly decided to waive the requirement; fact that contested bid included inconsistent language regarding the amount of the bid guarantee did not require rejection. 2. Agency conclusion that award to bidder that proposed relatively high prices for 3 items and relatively low prices for 3 other items listed among 166 items in a solicitation for roofing repair work did not represent an unacceptable risk to the government is unobjectionable where the reasonableness of the estimated quantities to be ordered under the contract is not in question, all bidders (including the protester) had similarly inconsistent prices for some items, and the awardee's price is lower for the base year, for 2 of the 4 option years, and for the potential 5-year contract. DECISION South Atlantic Construction Company, LLC protests an award by the Army Materiel Command to Phoenix Contracting Services, Inc. under invitation for bids (IFB) No. DAAD05-00-B-7005 for roofing replacement and repairs. South Atlantic asserts that Phoenix's bid should have been rejected as nonresponsive, alleging that Phoenix submitted a defective bid bond and that its pricing was unbalanced. We deny the protest.

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