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B-407375 1 (2012-11-29)

handle is hein.gao/gaobadper0001 and id is 1 raw text is: 




          G     A   O                                                  Comptroller General
Accountability * Integrity * Reliability                                of the United States
  United States Government Accountability Office
  Washington, DC 20548



           Decision


           Matter of:  Cusack's Masonry Restoration, Inc.

           File:       B-407375

           Date:       November 29, 2012

           Stephen A. Hilger, Esq., Hilger Hammond, for the protester.
           Gary W. Segrest, Esq., Department of the Army, for the agency.
           Gary R. Allen, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           An agency properly rejected a bid as nonresponsive where the bidder provided for
           completion of performance within 350 days after notice to proceed which would not
           satisfy the requirement that performance be completed by August 31, 2013.
           DECISION

           Cusack's Masonry Restoration, Inc., of Hubbardston, Michigan, protests the
           rejection of its low bid as nonresponsive under invitation for bids (IFB) No. W91 1XK-
           12-B-0006, issued by the Department of the Army, Corps of Engineers, for
           construction services at the agency's Sault Ste. Marie, Michigan facility.

           We deny the protest.

           BACKGROUND

           The IFB, issued on August 1, 2012, provided for the performance of various
           construction services. Block 11 of the standard form 1442 contains the following:

                 The Contractor shall begin performance within 10 calendar days
                 and complete it within __ calendar days after receiving _ award,
                 X notice to proceed. This performance period is X mandatory, -
                 negotiable. (See 52.211-10 Alt.)

          IFB at 1. The IFB incorporated the framework of Federal Acquisition Regulation
          (FAR) clause 52.211-10, Alternate 1, stating:

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