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B-293239 1 (2004-02-05)

handle is hein.gao/gaocrptapkr0001 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: McGhee Construction, Inc. File: B-293239 Date: February 5, 2004 Timothy S. Kerr, Esq., for the protester. Mark R. Warnick, Esq., General Services Administration, 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 required the submission of a bid guarantee in the amount of 20 percent of the bid price, agency properly rejected protester's bid as nonresponsive, where the bid included a bid guarantee that stated that the penal sum amount was limited to 20 percent of the Attached Bid and the bid to which the bid guarantee was attached did not include prices for any line item; although protester timely modified the bid to provide line item pricing, because the bid guarantee referenced the attached, unpriced bid, the bid guarantee was ambiguous concerning the amount of the bid guarantee, and was therefore nonresponsive. DECISION McGhee Construction, Inc. protests the rejection of its low bid under invitation for bids (IFB) No. GS06P03GYCO030, issued by the General Services Administration (GSA) for construction services. We deny the protest. The IFB requested bids for construction services for the Federal Building and United States Courthouse in Sioux City, Iowa. The IFB included the Notice of Price Evaluation Adjustment for Small Disadvantaged Business (SDB) Concerns clause, Federal Acquisition Regulation (FAR) § 52.219-23, and provided for a 10-percent preference for bids of SDB concerns. The IFB also required the submission of a bid guarantee in the amount of 20 percent of the bid amount. Bid opening was scheduled for 3 p.m., October 23, 2003. Facsimile bids were not authorized but facsimile bid modifications were.

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