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B-192201 1 (1978-10-11)

handle is hein.gao/gaobadgmp0001 and id is 1 raw text is: Id r THR COMPTROLLER GRNUITAL DCECISON J* I'/ . OF THE UNITED UrATEE WASHINGTON, D.C. 90540 FILE: 3-192201 OATH: MATTER OF: Comfort Control, Inc OT 11 1978 DIGEST: Where bIdder submits lump-nun bid for balancing air system in Pedeial building, but falls to provide a credit for fan sheaves that do not have to be replaced, the absence of the credit does not make bid nonreaponsive since the net cost to the Government can be ascertained. Comfort Control, Inc., protests-the award of a contract to Darwin Construction Co., Inc., for the.balancing of th& air system in building 37 at the National Institutes of Health, Bethesda, Maryland. Bide were solicited under IFB-263-78-B(91)-0100. Two bids were received and opened on April 18, '1978. Darwin submitted a low bid of #89,898. Comfort Control submitted a bid of $103,900, an(,set forth a credit of $131 for each sheave (fan drives) that di 'not have to be replaced. There are 28 sheaves involved. If none of the sheaves have to be replaced, the maximum credit by Comfort Cubtrol would be $3,668. Thus if none of the sheaves need to be replaced, Comfort Control would be paid $100,232, or $10,334 in excess of the low bid submitted by Darwin. Comfort Control contends that the failure of Darwin to provide in its bid a credit 'to the/Government for any sheaves that do not have to be replaced ackes the Darwin bid nonrespon- sive because it does not comply with the provisions of paragraph 2.3.4, section 15050 of th& specifications. Paragraph 2.3.4 of section 15050 of the specifications provides: This contractor, with his bid price, shall submitt (sic) a unit price for replacement of the drives. Should the contractor discover that existing fan sheaves, when set at approximately mid-position, will provide the maximum air deliveries, he shall perform tha balancing with exist- ing drives and shall submit proper credit for the sheaves not being replaced. I . I

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