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B-298835 1 (2006-12-14)

handle is hein.gao/gaocrptasse0001 and id is 1 raw text is: G a A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Tessa Structures, LLC File: B-298835 Date: December 14, 2006 Raymond J. Sherbill, Esq., and Stuart A. Schwager, Esq., Ridberg, Sherbill & Aronson LLP, for the protester. Julia L. Perry, Esq., Federal Highway Administration, and Kenneth Dodds, Esq., Small Business Administration, for the agencies. Peter D. Verchinski, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's rejection of protester's bid based on determination that protester could not perform in the number of days specified in its bid constituted a finding of nonresponsibility--rather than one of nonresponsiveness, as characterized by the agency--which, because protester was a small business, had to be referred to Small Business Administration for certificate of competency review. DECISION Tessa Structures, LLC protests the award of a contract to Fort Myer Construction Co. under invitation for bids (IFB) No. DTFH71-06-B-00014, issued by the Department of Transportation, Federal Highway Administration (FHWA), for bridge-related repairs. Tessa maintains that the agency improperly rejected its bid as nonresponsive. We sustain the protest. The IFB, issued on May 26, 2006, contemplated the award of a fixed-price contract for construction and painting on three bridges on the George Washington Memorial Parkway in Washington, D.C. and Arlington, Virginia. The IFB stated that award would be based on the lowest total project price, which would be the sum of the bid price and the contract administrative costs associated with the length of the performance period stated in the bid ($2,200 per calendar day bid). In this regard, the bid schedule included a summary page on which bidders were to state the number of calendar days it would take to complete the work starting from the notice

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