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B-407931 1 (2013-03-28)

handle is hein.gao/gaobadplf0001 and id is 1 raw text is: G A O Comptroller General - ;cc ntablty a bi tnfglty * ReliIbikty of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Massillon Construction and Supply, Inc. File: B-407931 Date: March 28, 2013 Thomas 0. Crist, Esq., and James Weikamp, Esq., Benesch Friedlander Coplan & Aronoff LLP, for the protester. Milton Hsieh, Esq., Department of Transportation, for the agency. Paul E. Jordan, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Rejection of bid as nonresponsive for failing to provide price for optional line item was proper where the omission could not be waived as a minor informality because the option, if exercised as intended by agency, is an integral part of base contract work and thus not divisible from solicitation's overall requirements. DECISION Massillon Construction and Supply, Inc. (MCSI), of Massillon, Ohio, protests the Department of Transportation, Federal Highway Administration's rejection of its bid under invitation for bids (IFB) No. DTFH7113B00002, for road construction in the Great Smoky Mountains National Park, Tennessee. MCSI asserts that its bid was responsive and that the agency should have waived its omission of a price for one optional contract line item (CLIN). We deny the protest. BACKGROUND The IFB, as issued, sought bids to rehabilitate approximately 6 miles of Newfound Gap Road, divided into three schedules of work items. Schedule A, from Tennessee milepost (TMP) 6.3 to TMP 9.4, included full-depth pavement reconstruction, repair of stone guardwalls, repair of drainage structures, and traffic control. Schedule B (option 1) included the same improvements from TMP 9.4 to TMP 12.4, while Schedule C (option 2) included resurfacing, shoulder stabilization, pavement markings, and signing from TMP 6.3 to TMP 12.4. The agency reserved

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