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B-288331 1 (2001-09-25)

handle is hein.gao/gaocrptamrt0001 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: TNT Industrial Contractors, Inc.

          File:       B-288331

          Date:       September 25, 2001

          Scott W. Goodall for the protester.
          Daniel J. Dykstra, Jr., Esq., U.S. Army Corps of Engineers, for the agency.
          Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Since the evaluation of bids must be based on the actual likely cost to the
          government for the project, agency properly did not consider deductive items as
          part of the total price where funds were available for the entire project.
          DECISION

          TNT Industrial Contractors, Inc. protests the intended award of a construction
          contract to All Cities Enterprises by the Army Corps of Engineers under invitation
          for bids (IFB) No. DACA05-01-B-0001 for a water treatment plant at Beale Air Force
          Base in California. TNT contends that the agency failed to evaluate all the line items
          listed on the IFB pricing schedule as contemplated by the solicitation, and that TNT
          submitted the lowest aggregate bid, and therefore it should have received the award.

          We deny the protest.

          The IFB was issued on April 10, 2001 as a competitive set-aside for eligible firms
          under the Small Business Administration's (SBA) section 8(a) program.' As
          amended, the IFB required bidders to complete a pricing schedule by entering lump-
          sum prices for the basic requirements and for each of the four option items of work,


          1 Section 8(a) of the Small Business Act, 15 U.S.C. § 637(a) (1994), authorizes the SBA
          to contract with government agencies and to arrange for the performance of such
          contracts by awarding subcontracts to socially and economically disadvantaged
          small businesses.

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