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B-402240 1 (2010-01-28)

handle is hein.gao/gaobadbeb0001 and id is 1 raw text is: JlL A , GA O Comptroller General countabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: JND Thomas Company, Inc. File: B-402240 Date: January 28, 2010 William L. Bruckner, Esq., Bruckner & Walker, LLP, for the protester. Annette B. Kuz, Esq., U.S. Army Corps of Engineers, for the agency. Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that intended awardee's bid is impermissibly unbalanced--due to alleged overstated prices for excavation/dredging line items and understated prices for related re-handling of material items--is denied where agency conducted analysis of pricing and concluded that there was no significant price risk in accepting bid. DECISION JND Thomas Company, Inc., Riverdale, California, protests the award of a contract to CJW Construction, Inc., of Santa Ana, California, under invitation for bids (IFB) No. W912PL-09-B-0005, issued by the U.S. Army Corps of Engineers for excavation and dredging work at the Marine Corps Base, Camp Pendleton, California. JND asserts that CJW's bid should have been rejected as unbalanced. We deny the protest. The purpose of the procurement is to increase the surface water storage capacity of Lake O'Neill at Camp Pendleton by performing maintenance dredging and related rehabilitation of existing (dry) recharge pond Nos. 4-7 through excavation, installation of spillway culverts, and construction of a levee around pond Nos. 6 and 7. Under the terms of the IFB, the contractor would be allowed 600 days to complete the project. IFB § 00800 at 2. The IFB called for lump-sum bids for mobilization/demobilization, clear/grub pond Nos. 4-7, storm water pollution prevention plan development/compliance, and temporary water delivery, and unit price bids for excavation/re-handling of dry excavated material from pond Nos. 4-7 (estimated 257,000 cubic yards (CY)), levee construction, culvert installation, riprap placement, and dredging/re-handling of wet dredge material (estimated 361,000 CY)

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