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B-298859 1 (2006-12-01)

handle is hein.gao/gaocrptassi0001 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: Squires Timber Company

          File:        B-298859

          Date:        December 1, 2006

          Tommy L. Norris for the protester.
          Lori Polin Jones, Esq., Department of Agriculture, for the agency.
          Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protester's high timber sale bid was improperly rejected based on discrepancy
          between minimum advertised rate for particular species of timber and rate actually
          bid; since discrepancy is clearly negligible, protester's bid is responsive and pricing
          defect may be corrected as minor informality.
          DECISION

          Squires Timber Company protests the rejection of its bid as nonresponsive under the
          solicitation for the Devil's Club Timber Sale, conducted by the Forest Service,
          Department of Agriculture.

          We sustain the protest.

          The solicitation called for sealed bids offering to purchase various species of
          government-owned timber. Minimum acceptable rates were set forth for each
          species. For white oak sawtimber, the minimum acceptable rate was set at $33.22
          per unit with an estimated quantity of 71 ccf (hundred cubic feet). Bids were opened
          on September 12, 2006, and Squires was the high bidder with an overall bid of
          $184,051.68. Winslow-Bateman Forestry was the second high bidder at $123,968.31.
          The agency noted, however, that Squires had bid only $26.09 per unit for the white
          oak sawtimber portion of the sale. Since this bid was below the minimum
          acceptable rate, the contracting officer rejected Squires' bid as nonresponsive and
          made award to Winslow-Bateman.

          Squires claims that it intended to bid the required minimum for all species, and that

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