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B-289167 1 (2002-01-15)

handle is hein.gao/gaocrptaocc0001 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: ACC Construction Company, Inc.

          File:       B-289167

          Date:       January 15, 2002

          Karl Dix, Esq., Smith, Currie & Hancock, for the protester.
          Charles M. Powers for R.C. Construction Co., Inc., an intervenor.
          William A. Hough, Esq., and Susan K. Weston, Esq., U.S. Army Corps of Engineers,
          for the agency.
          Linda C. Glass, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Where bids (including options) exceeded the available funding and agency does not
          have additional funds available to exercise the options, the contracting activity, in
          accordance with the solicitation provision for evaluation of options, reasonably
          determined that evaluation of options would not be in the best interest of the
          government.
          DECISION

          ACC Construction Co., Inc. protests the proposed award of a contract to R.C.
          Construction Company under invitation for bids (IFB) No. DACA21-01-B-0010, issued
          by the Army Corps of Engineers for the construction of an ammunition holding area
          at Fort Bragg, North Carolina.

          We deny the protest.

          On July 18, 2001, the agency issued the solicitation for a fixed-price construction
          contract. The solicitation, as amended, requested prices for the following: contract
          line item number (CLIN) 0001, construction of new ammunition storage facility;
          CLIN 0002, site preparation and development; CLIN 0003, undercut excavation; CLIN
          0004, option No. 1, munitions handling system Type F magazine; CLIN 0005, option
          No. 2, munitions handling system, oval arches; CLIN 0006, option No. 3, scissors lift
          Type F magazine; CLIN 0007, option No. 4, scissors lift, oval arches; CLIN 0008,
          option No. 5, security system; CLIN 0008AA, option No. 5, material only; CLIN
          0008AB, installation only. Agency Report (AR) encl. 10, IFB schedule. The

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