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B-416525,B-416525.2 1 (2018-09-04)

handle is hein.gao/gaobadvaz0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Addison Construction Company File: B-416525; B-416525.2 Date: September 4, 2018 Bobby D. Bindert, for the protester. Jared D. Minsk, Esq., Stephanie B. Young, Esq., and Christie Alvarez, Esq., Department of Energy, for the agency. Alexander 0. Levine, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly rejected bid as nonresponsive for not providing information related to the solicitation's Buy American Act requirements, where the information was not needed to establish the bid's responsiveness. DECISION Addison Construction Company, a small business located in Cheyenne, Wyoming, protests the rejection of its bid as nonresponsive by the Department of Energy (DOE) under invitation for bids (IFB) No. 89503118BWA000003, issued for the construction and completion of a 345-kilovolt (kV) capacitor bank at the Liberty Substation located outside Liberty, Arizona. The protester contends that the agency improperly rejected its bid for failing to provide information related to the solicitation's Buy American Act provisions. We sustain the protest. BACKGROUND The solicitation was issued on April 5, 2018, as a small business set-aside, seeking a contractor to construct and complete a 345-kV capacitor bank at the Liberty Substation for the DOE Western Area Power Administration's Desert Southwest Region. The solicitation anticipated award of a fixed-price contract to the lowest-priced bidder whose bid conformed to the solicitation requirements.

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