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B-291730.2 1 (2003-04-23)

handle is hein.gao/gaobacyik0001 and id is 1 raw text is: Il im G A 0Comptroller General --- --Accountability * Integrity * Reliability of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: M.K. Taylor, Jr. Contractors, Inc. File: B-291730.2 Date: April 23, 2003 Robert E. Korroch, Esq., and James J. Reid, Esq., Williams Mullen Clark & Dobbins, for the protester. Patrick H. O'Donnell, Esq., Terence Murphy, Esq., Stanley G. Barr, Jr., Esq., and Mary Elizabeth Anderson, Esq., Kaufman & Canoles, for Pembroke Construction Co., Inc., an intervenor. Clarence D. Long, III, Esq., Department of the Air Force, for the agency. Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where agency's required quantity of services increased substantially after issuance of solicitation, agency improperly failed to issue amendment notifying all offerors of the changed requirements; however, since, by protester's own calculations, increased quantities would not have led protester to reduce its price sufficiently to give it a substantial chance of receiving the award, protester was not prejudiced by agency's actions and there thus is no basis to sustain protest. DECISION M.K. Taylor, Jr. Contractors, Inc. protests the award of a contract to Pembroke Construction Company, Inc. under request for proposals (RFP) No. F44600-02-RO107, issued by the Department of the Air Force, 1s' Contracting Squadron, Langley Air Force Base, Virginia, for repair of pavements at the base. Taylor argues that the agency improperly failed to amend the solicitation to reflect changed requirements and that Pembroke submitted unbalanced prices. We deny the protest. The solicitation, issued July 15, 2002, provided for the award of a fixed-price, indefinite-delivery, indefinite-quantity (ID/IQ) contract for a base year, with 5 option years. RFP at 34. The contractor was to maintain the paved areas on the base, including, among other things, excavation and hauling; surface preparation; repair of existing concrete sidewalks, curbs and gutters, and airfield pavement slabs and

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