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B-184810 1 (1975-10-21)

handle is hein.gao/gaobadctz0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DE-CISION OF THE UINITEO STATES WASHINGTON, 0. C. 20548 FILE: B-184810 DATE: October 21, 1975 MATTER OF: Thoma.s Construction Company, Inc. S -7 0- DIGEST: Where bidder under solicitation issued by recipient of Hill-Burton Act grant quoted two sets of unit prices for use in pricing possible increases or decreases in contract work, with higher prices quoted for possible increases than for possible decreases, instead of quoting single unit prices for both increases and decreases as required by solicitation, competitive bidding principles would not require rejection of bid if acceptance of bid nevertheless would be advantageous to grantee and would not prej- udice other bidders. Since record does not contain information needed for that determination, matter should be resolved by grantee. The Thomas Construction Company has protested against the award of a contract pursuant to a Hill-Burton Act (42 U. S. C. 291, et. seq.) grant from the Department of Health, Education, and Welfare THEW) for certain additions and alterations to the Methodist Medical Center of St. Joseph, Missouri. Thomas alleges that the low bid submitted by Universal Construction Company is nonresponsive, and therefore cannot be accepted by the grantee Medical Center, because Universal did not comply with solicitation instructions to furnish prices that would be used in the event change orders increased or decreased the work required under the contract. This matter was initially considered by the Kansas City, Missouri Regional Office of HEW. That office, after reviewing submissions from Universal and Thomas, both of which contained numerous references to decisions of this Office, determined, primarily on the basis of our decision reported at 37 Comp. Gen. 529 (1958), that the grantee could properly accept the Universal bid. Thomas then filed its protest here. In response, the Office of the Secretary of HEW forwarded certain documents to us and noted that it concurred with the decision of the Regional Office. The parties to this protest, including the grantee Medical Center, have agreed to abide by our decision. The solicitation called for submission of base bids as well as prices (add or deduct) for various alternatives, with bids to be evalu- ated on the basis of the base bid and whatever alternatives were selected for inclusion in the contract award. In addition, the solicita- tion contained the following provision: -1 - d

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