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B-295547 1 (2005-03-03)

handle is hein.gao/gaocrptaqup0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: McKinley Construction & Excavating File: B-295547 Date: March 3, 2005 Edwin J. Broecker, Esq., Sommer Barnard Attorneys, PC, for the protester. Samar A. Shams, Esq., Department of Agriculture, 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 Bid that acknowledges all amendments to an invitation for bids, but which contains only the original version of the bid schedule, which was modified by an amendment to increase the footage of pipe to be provided, is nonresponsive because the bid is ambiguous regarding whether the bidder intends to be bound to the original or amended quantity. DECISION McKinley Construction & Excavating protests the rejection of its bid as nonresponsive under invitation for bids (IFB) No. IN-NRCS-2003, issued by the Department of Agriculture for construction work on the Goose Pond Phase 2 wetland restoration project. We deny the protest. Issued on October 12, 2004, the IFB solicited bids for an on-site contractor to perform construction activities on nine separate wetland restoration units. The IFB contained a bid schedule calling for bids on 27 items corresponding to the construction activities identified in the specifications. The IFB provided that award would be based on the aggregate of all items. Prior to bid opening, the agency issued two amendments to the solicitation. This protest concerns amendment No. 1, which changed the type of pipe to be used and included a revised bid schedule in which the

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