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B-292458.2 1 (2004-03-19)

handle is hein.gao/gaocrptaphr0001 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: Burney & Burney Construction Company, Inc. File: B-292458.2 Date: March 19, 2004 Michael P. Byrne, Esq., Lane & Waterman, for the protester. Kateni T. Leakehe, Esq., Department of the Army, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly rejected protester's bid as unbalanced is denied where bid included overstated prices for some line items, and agency determined that, due to uncertainty in estimated quantities for those items, bid posed risk that government would pay an unreasonable price for contract performance. DECISION Burney & Burney Construction Company, Inc. protests the rejection of its bid as unbalanced under invitation for bids (IFB) No. DAKB13-013-B-0003, issued by the Department of the Army for painting and related services. We deny the protest. The solicitation called for the award of a requirements contract for a base year, with 4 option years. It listed 18 line items (per year), each describing a painting service to be performed, and each setting forth a quantity estimate. Bidders were required to supply unit and extended prices for each line item, with the overall price to be determined by multiplying the unit prices by the corresponding estimated quantities, and then totaling the resulting extended unit prices. Burney's bid, at $2,463,354.50, was the lowest of the five bids received; the next low bid was $2,523,133.00. The contracting officer determined that Burney's bid was unbalanced because some line item prices were overstated, and further that, due to the uncertainty inherent in the estimates for those overpriced items, an award based on Burney's apparent low bid might result in the government's paying an unreasonably high price for contract performance. The contracting officer therefore rejected Burney's bid. Burney protests the rejection.

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