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B-286679.2 1 (2001-05-21)

handle is hein.gao/gaocrptammu0001 and id is 1 raw text is: 




         G     A     0                                                Comptroller General
             SIntegrity Reliability                                    of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: Hunot Fire Retardant Company

          File:       B-286679.2

          Date:       May 21, 2001


          John G. Horan, Esq., McDermott, Will & Emery, for the protester.
          Paul F. Dauer, Esq., Dauer & Thompson, an intervenor.
          Marion T. Cordova, Esq., United States Department of Agriculture, for the agency.
          Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest that agency should have considered the clean-up costs associated with using
          one firm's fire retardant in determining the lowest bidder is denied where solicitation
          did not advise prospective bidders that agency would evaluate such costs;
          solictations must expressly indicate any price-related factors (other than bid price)
          that agency intends to evaluate for award purposes.
          DECISION

          Hunot Fire Retardant Company protests the award of a contract to Fire-Trol
          Holdings, L.L.C. under invitation for bids (IFB) No. 49-00-12, issued by the United
          States Department of Agriculture, Forest Service for long-term fire retardant. Hunot
          alleges that the agency improperly failed to add certain costs to the Fire-Trol bid in
          arriving at the firm's price for award purposes, and that Hunot's price would have
          been low had the agency added these costs.

          We deny the protest.

          The IFB contemplates the award of one or more requirements contracts to furnish
          bulk fire retardant at numerous temporary and permanent bases throughout the
          United States. IFB at 129. The solicitation included a standard clause from the
          Agriculture Acquisition Regulation (AGAR) which provides:

                To evaluate offers for award purposes, the Government will apply the
                Offeror's proposed fixed prices/rates to the estimated quantities

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