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B-294104 1 (2004-07-30)

handle is hein.gao/gaobaczgs0001 and id is 1 raw text is: 


  I
  llillLft
         G    A     0Comptroller General
 .. . .Accountability * Integrity * Reliability                     of the United States
United States Government Accountability Office
Washington, DC 20548


             D  ..
         Decision


         Matter  of: Takota Corporation

         File:       B-294104

         Date:       July 30, 2004

         Robert J. Symon, Esq., and Christyne K. Brennan, Esq., Spriggs & Hollingsworth, for
         the protester.
         Timothy A. Chenault, Esq., Department of Homeland Security, U.S. Coast Guard, 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

         Agency properly rejected as nonresponsive a bid that failed to acknowledge an
         amendment  that, read in a reasonable manner, added significant work that was not
         included in the solicitation as issued, and therefore was material.
         DECISION

         Takota Corporation protests the rejection of its low bid as nonresponsive under
         invitation for bids (IFB) No. HSCG-82-04B-3ACP03, issued by the Department of
         Homeland  Security, U.S. Coast Guard for the construction of the Galveston Bay
         entrance range structures and salvage of existing range structures. Takota's bid was
         rejected for failure to acknowledge amendment No. 0002 to the IFB. Takota
         maintains that its failure to acknowledge the amendment should be waived.

         We  deny the protest.

         The solicitation, posted on the Federal Business Opportunities website on March 25,
         2004, called for the fabrication and installation of one offshore entrance range light
         in Galveston Bay and one land-based rear range light on Bolivar Peninsula, north of
         Galveston, and the salvage and removal of the existing structures at both sites. As
         relevant here, IFB § 02950, Offshore and Onshore Salvage and Removal, provided
         that the contractor shall remove and dispose of the existing Galveston Entrance
         Range 'A' Rear and Front Structures, and that [c]ontractor will salvage and remove
         the existing structures. IFB § 02950, ¶ 1.1, at 1.

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