About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-189440 1 (1977-11-23)

handle is hein.gao/gaobadfki0001 and id is 1 raw text is: 










                                       Q THE   COMPTROLLER GENERAL
             DECISION        . r.J     .  ap  THE     UNITEe*     BTATeS
                                          WASHINGTON. D.C. 20545


-t
            FILE:      B-189440                 DATE: 1;ovember   23, 1977

            MATTER OF:        Arvol D. Hays Constructior Company


            DIGEST:
            1. IFB for replacement of doors failed to provide spaces for
               required unit prices for part of work, failed to state how
               such pricc  would be considered in bid evaluation, and did
               not fully advise bidders of extent of work required. There-
               fore, cancellacion of defective TFB before award pursuant
               to ASPR 5 2-404.1(b)(1) (1976 ed.) was proper, since award
               would have prejudiced bidders and may not have met Govern-
               ment's needs.

           2.  Where IFB was properly canceled, and there is no evidence of
               arbitrary and capricious action by Government toward firm
               claiming bid preparation coss, claim .is denied.

               Invitation for bids (IFB) No. DAKF24-77-B-0030 was issued on
          April 8, 1977, by the Department of the Army for the replacement of
          deteriorated wood doors at Fort Polk, Louisiana. The work included
          the removal of existing doors, removal and replacement as directed
          by  the contracting officer of any deteriorated door frame material
          that would inhibit the installation of new doors, and the installation
          of new metal doors.  Bidders were required tu submit a unit price for
          each of nine items, representing nine groups of different size doors.
          A singl  award would be made to the lowest bidder for the total of
          the nine items.  The bid furm listed the item numbers under the heading
          Replace Deteriorated Wood Swing Shop Doors, and provided spaces for
          unit and extended prices for each item number and for a total estimated
          amount.

               Section 2 of the specifications concerned the removal and
          Jisposition of the existing doors and of deteriorated material.
          Paragraph 5 of section 2 stated:

               PAYMENT.  No separate payment shall be made for
               work done under this section and all costs in
               connection therewith shall be included in the
               appropriate unit bid price.

          Section 3 of the specifications covered the furnishing and installation
          of the now metal doors.  Paragraph 9 of section 3 was entitled MEASURE-
          MENT, and subparagraphs 9 1 - 9.4 stated the methods of measurement
          for the replacement of any deteriorated framing lumber (9.1), siding
          (9.2), trim lumber (?.3), or gypsumboard sheathing (9.4) that was removed.
          Subparagraph 9.5 concerned measuremenc for door replacement. Paragraph
          10 stated:


I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most