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B-266345 1 (1996-02-08)

handle is hein.gao/gaocrptadvn0001 and id is 1 raw text is: ' ITV' 35026 Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Atherton Construction, Inc. File: B-266345 Date: February 8, 1996 Denver C. Snuffer, Esq., Nelson, Snuffer & Dahle, P.C., for the protester. David H. Doro, Esq., Department of the Air Force, for the agency. Jeanne W. Isrin, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where agency's methodology for determining which additive items to award, and which bid was low, was based on the solicitation scheme and did not allow for manipulation of funds to direct award to any particular bidder, protest challenging award is denied; moreover, since all base bids exceeded funding amount established prior to bid opening, making base bids the determining factor for award, protester which was not low on the base bid was not entitled to award. 2. Solicitation provision stating that award would be made on an all or none basis cannot be reasonably interpreted as requiring that award be made for all line items where: (1) the plain language of the provision says only that one award will be made based on however many items are awarded, and (2) protester's interpretation is directly in conflict with provision detailing the procedure to be followed to determine the number of additive items upon which award would be based. DECISION Atherton Construction, Inc. protests the award of a contract to Dale B. Stevens Construction, Inc. under invitation for bids (IFB) No. F42650-95-B-0034, issued by the Department of the Air Force for the repair/alteration of building 1266 at Hill Air Force Base, Utah. We deny the protest. The IFB was issued on August 8, 1995, and contemplated a firm, fixed-price contract. The project consisted of minor construction, repair, and equipment components which were set out in the bid schedule in nine line items, three base and six additive. Items 0001 (base), and 0004 and 0005 (additive) detailed the minor construction work to be performed. Item 0002 (base) detailed the repair work to be performed; there were no additive items for repair work. Item 0003 (base) and

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