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B-294279 1 (2004-09-27)

handle is hein.gao/gaocrptapob0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States Government Accountability Office Washington, DC 20548 Decision Matter of: Oregon Electric Construction, Inc. dba Integrated Systems Group File: B-294279 Date: September 27, 2004 Darin D. Honn, Esq., and Jason W. Alexander, Esq., Sussman Shank, for the protester. Mark G. Garrett, Esq., Department of Agriculture, 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 Agency properly rejected bid as nonresponsive where qualification in bid cover letter rendered bid ambiguous; qualification made it uncertain whether bidder unequivocally offered to perform in accordance with terms of solicitation amendment. DECISION Oregon Electric Construction, Inc. dba Integrated Systems Group (Integrated) protests the rejection of its apparent low bid as nonresponsive under invitation for bids (IFB) No. R6-9-04-07, issued by the Department of Agriculture, Forest Service, for improvement of the Quinault wastewater collection and treatment facility in Washington. Integrated contends that the agency unreasonably determined that its bid cover letter rendered uncertain whether the firm intended to perform in accordance with the solicitation's requirements for operation and maintenance by the contractor of the wastewater treatment plant. We deny the protest. The IFB, issued on March 5, 2004, contemplated the award of a fixed-price contract for a base item (for improvements to the wastewater treatment facility) and two option items (for grinder pump station improvements and drain field expansion). In addition, the amended IFB called for the operation and maintenance of the wastewater treatment plant. Specifically, amendment No. 3 to the IFB provided that

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