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B-286960 1 (2001-03-15)

handle is hein.gao/gaocrptamnz0001 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: Kruger Construction, Inc. File: B-286960 Date: March 15, 2001 Thomas S. Finegan, Esq., Goetz Fitzpatrick Most & Bruckman, and William J. Thompson, Jr., Esq., Thompson & Waldron, for the protester. Marion T. Cordova, Esq., Department of Agriculture, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a sealed bid procurement which provided for adding the prices for option items to the price bid for the basic item to determine the total evaluated bid price, except where it was not in the best interests of the government, the procuring agency could not properly add together the price of two alternate option items in its price calculation, where the agency knew that it could not exercise both options. DECISION Kruger Construction, Inc. protests the intended award of a contract to Danco Contractors, Inc. under invitation for bids (IFB) No. 8273-3K15-00, issued by the Agricultural Research Service, Department of Agriculture, for construction services at the Plum Island Animal Disease Center, Greenport, New York. Kruger argues that it offered the lowest evaluated price for the actual work to be performed, after proper application of the evaluation preference for small disadvantaged business (SDB) concerns. We sustain the protest. The IFB provided for the award of a contract for one basic item--the construction of a new power plant at the Plum Island Animal Disease Center--with five option items covering additional services. Option items Nos. 4 and 5 were as follows: Option Item No. 4-- Hazardous material abatement and demolition of Building 103.

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