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B-295587 1 (2005-03-03)

handle is hein.gao/gaocrptaqux0001 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: Kenneth Ashe

          File:        B-295587

          Date:        March 3, 2005

          Kenneth Ashe, the protester.
          Lori Polin Jones, Esq., Department of Agriculture, for the agency.
          Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Qualifying bid submitted in response to a solicitation for the sale of timber is
          responsive and the bidder was properly permitted to participate in the auction,
          where the bid included a unit rate, and the total bid can be calculated by multiplying
          the unit rate by the estimated quantity of timber stated in the solicitation.
          DECISION

          Kenneth Ashe protests the proposed award of a contract to Kenneth Fletcher by the
          Forest Service, Department of Agriculture for the Fourmile Special Salvage Timber
          Sale in the Modoc National Forest.' Mr. Ashe contends that Mr. Fletcher's qualifying
          bid for this auction should have been rejected by the agency.

          We deny this protest.

          The prospectus for the sale called for the submission of sealed bids to purchase an
          estimated 215 thousand board feet (MBF) of ponderosa pine sawtimber marked or
          otherwise designated for cutting, and a nominal amount of white fir sawtimber to be
          removed at a fixed rate. The prospectus indicated that sealed bids would be
          accepted on December 17, 2004, and that an oral auction would follow. The bid form
          included a minimum acceptable bid rate (block 14(f)) of $22.77, and stated that
          there was an estimated quantity of 215 MBF salvage ponderosa pine sawtimber
          (block 14(d)). The bid form also stated that the minimum acceptable total sale

          1 We consider this protest under 4 C.F.R. § 21.13(a) (2004) because the Forest Service
          has agreed to have protests of timber sales decided by our Office.

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