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B-274866 1 (1996-12-09)

handle is hein.gao/gaocrptaenc0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Murray Service Company t/a EMD Mechanical Specialists File: B-274866 Date: December 9, 1996 Andrew N. Cook, Esq., Bell, Boyd & Lloyd, for the protester. Marian E. Sullivan, Esq., Paul Warring, Esq., Frank Miller, Esq., and John Lariccia, Esq., Department of the Air Force, for the agency. Jennifer D. Westfall-Mc Grail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency may accept a bid that, while containing discrepancies between line item prices and total prices, is low under all reasonable interpretations and where the bidder has presented clear and convincing evidence of the intended bid price. DECISION Murray Service Company t/a EMD Mechanical Specialists protests the award of a contract to Superior Management Services (SMS) under invitation for bids (IFB) No. F49642-96-B-0060, issued by the Department of the Air Force for alteration and repair of a chilled water system at Bolling Air Force Base. The protester argues that SMS's bid should not have been accepted since its price is ambiguous.1 We deny the protest. BACKGROUND Twelve bids were received by the September 26, 1996 bid opening date. SMS was the apparent low bidder with a total price of $2,477,000; Edward Kocharian, Inc. (whose bid was subsequently determined nonresponsive) was second low with a price of $2,489,000; and Murray was third low with a total bid of $2,687,000. 1The protester also argued in its initial submission that SMS's bid was unbalanced. The agency responded in its report that SMS's bid was neither mathematically nor materially unbalanced. The protester, in commenting on the agency report, does not attempt to rebut the agency position; we therefore consider it to have abandoned this argument. Arjav Elecs. Corp., B-243080, July 1, 1991, 91-2 CPD 3. 154129

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