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B-274634 1 (1996-12-19)

handle is hein.gao/gaocrptaemq0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Doty Bros. Equipment Company File: B-274634 Date: December 19, 1996 B. C. Brown for the protester. Christopher M. Bellomy, Esq., Department of the Navy, for the agency. Robert Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly rejected low offer for failure to acknowledge a solicitation amendment where the agency has not identified how the amendment, which eased performance requirements, reflected a minimum need and thus how the amendment was material. DECISION Doty Bros. Equipment Company protests the rejection of its low offer under request for proposals (RFP) No. N68711-96-R-2220, issued by the Department of the Navy for the construction of a replacement jet fuel pipeline in Los Angeles County, California. The protester asserts that the contracting officer improperly rejected Doty Bros.' low offer for failing to acknowledge an immaterial solicitation amendment. We sustain the protest. The RFP, which was issued on August 8, 1996, and closed on August 20, contemplated a contract for a construction project to replace a jet fuel pipeline including excavation, construction of a new line and removal of the old line, and backfilling the excavated areas. Competition was limited to four offerors based on the agency's determination that an unusual and compelling urgency required such a restriction. Offerors were to submit a firm, fixed price for the project and provide a completed set of standard representations and certifications. The RFP advised that the agency intended to make award to the responsible offeror whose conforming offer was most advantageous to the government considering price and other factors specified in the solicitation without conducting discussions; no other factors were specified elsewhere in the solicitation, hence the agency awarded on the basis of low price. 3571219

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