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B-299393 1 (2007-03-30)

handle is hein.gao/gaocrptauen0001 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: Northern Sealcoating & Paving, Inc.

          File:        B-299393

          Date:        March 30, 2007

          Jay Zavala, Zavala Inc., for the protester.
          Julia L. Perry, Esq., Federal Highway Administration, for the agency.
          Linda C. Glass, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Agency properly rejected as nonresponsive a protester's bid that failed to
          acknowledge a material solicitation amendment; the amendment was material
          because it changed the color of exterior shingles, and specified the use of cedar lap
          siding and a color additive for concrete.
          DECISION

          Northern Sealcoating & Paving, Inc. protests the rejection of its low bid as
          nonresponsive under invitation for bids (IFB) No. DTFH71-07-B-00001, issued by the
          Department of Transportation, Federal Highway Administration, for resurfacing,
          grading, drainage, and pavement reconstruction of Head of the Meadow Beach Road
          and Parking Area at the Cape Cod National Seashore, together with the optional
          installation of a restroom building at the site.

          We deny the protest.

          The IFB, issued on November 22, 2006, included in addition to the basic resurfacing
          work, an option for the installation of a Romtec Model #1018 restroom facility.
          IFB § 646.04 at J-21. The IFB was amended on January 5, 2007 to:

                 Revise the Special Contract Requirements (Section 646) to change the
                 exterior building style for the ROMTEC restroom facility.

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