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B-271740 1 (1996-07-22)

handle is hein.gao/gaocrptaefr0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Fire Security Systems, Inc.

File:        B-271740

Date:        July 22, 1996

John M. Frazier, Esq., Peatross, Greer & Frazier, and W. R. Hayes, for the protester.
Christopher M. Bellomy, Esq., George N. Brezna, Esq., and Marilyn Walter
Johnson, Esq., Department of the Navy, for the agency.
Jacqueline Maeder, Esq., and Paul Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Agency properly accepted a bid which, while it included a nonresponsive alternate
option, also constituted an offer that did not take exception to any solicitation
requirement and was not susceptible to more than one reasonable interpretation.
DECISION

Fire Security Systems, Inc. protests the proposed award of a contract to Lima Fire
Equipment Company under invitation for bids (IFB) No. N62467-95-B-1106, issued by
the Department of the Navy, Naval Facilities Engineering Command, for an
automatic fire sprinkler protection system for the Naval Hospital NTTC Corry
Station, Naval Air Station, Pensacola, Florida. Fire Security asserts that Lima's bid
should be rejected because it was ambiguous.

We deny the protest.

The Navy issued the solicitation on January 31, 1996. The bid form required the
entry of prices for two items, the base bid and one option, with award to be made
to the bidder offering the lowest total price. The IFB provided that for sprinkler
piping the industry standards set forth in National Fire Protection Association
(NFPA) 13 and NFPA 14 would apply except as modified herein. Under the
conditions outlined in the solicitation, NFPA 13 specifies that the pressure
limitations and the minimum wall thicknesses for 5-inch, 6-inch and 8 to 10-inch
steel pipe shall be in accordance with Schedule 10 pipe. However, the same section
of the IFB goes on to state that Steel piping shall be Schedule 40 for sizes less than
8 inches, and Schedule 30 or 40 for sizes 8 inches and larger. Thus, while the
reference of NFPA allows for Schedule 10 steel pipe for certain of the specified
sizes, the IFB modifies the requirement to Schedule 30 or Schedule 40 steel pipe for
those sizes.


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