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B-289051 1 (2001-12-20)

handle is hein.gao/gaocrptamsz0001 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: First American Engineered Solutions File: B-289051 Date: December 20, 2001 David J. Taylor, Esq., Tighe Patton Armstrong Teasdale, for the protester. Earl Dickerson, for ITS Imagineering Enterprises, the intervenor. Gena E. Cadieux, Esq., and Beth A. Kelly, Esq., Department of Energy, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where invitation for bids (IFB) expressly required option period prices to be determined solely by application of IFB's economic price adjustment clause, bid was properly rejected as nonresponsive for offering different option year prices, since the economic price adjustment clause is a material term of the IFB and any bid taking exception to it materially affects the legal rights of the bidder and the government. DECISION First American Engineered Solutions protests the award of a contract to ITS Imagineering Enterprises under invitation for bids (IFB) No. DE-FB-65-01-WC-56963, issued by the Department of Energy, Western Area Power Administration, for fiber optic overhead ground wire and related hardware. The protester challenges the rejection of its bid as nonresponsive and contends that it should receive the award under the IFB. We deny the protest. The IFB contemplated the award of an indefinite-delivery/indefinite-quantity fixed- price contract with economic price adjustment for a base year and four option periods to the responsible bidder whose bid, conforming to the IFB's requirements, offered the lowest price. IFB at 34, 36. The IFB provided technical specifications for the advertised products and required the submission of descriptive literature with the bid to demonstrate each offered product's compliance with those specifications.

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