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B-275304 1 (1997-02-06)

handle is hein.gao/gaocrptafua0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: The Ryan Company File: B-275304 Date: February 6, 1997 Barbara G. Werther, Esq., Watt, Tieder & Hoffar, L.L.P., for the protester. John S. Wagner for Houston-Stafford Electric, Inc., an intervenor. George N. Brezna, Esq., Diane D. Hayden, Esq., Timothy J. Hyland, Esq., Department of the Navy, for the agency. Jerold D. Cohen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST A bid should not be rejected as nonresponsive based on a pre-bidding communication in which the vendor objected to the performance schedule, where the bid as submitted took no exception to the invitation's requirements. Bid responsiveness is determined at the time of bid opening from the bid documents themselves (including extraneous submissions with the bid and material incorporated by reference). DECISION The Ryan Company protests the rejection of its bid as nonresponsive under Department of the Navy invitation for bids (IFB) No. N62472-90-B-8580 for the replacement of the electrical distribution system at the Marine Corps Finance Center-Housing in Belton, Missouri. The Navy rejected the bid because the agency believed, based on a pre-bid opening submission from Ryan, that the bid was ambiguo us. We sustain the protest. The IFB was issued on August 26, 1996, with bids due on September 27. The solicitation required that the contractor begin performance within 15 calendar days and complete it within 195 calendar days after receiving award. By fax of September 18, Ryan asked the Navy to consider extending the contract's duration to 365 days primarily because some necessary items were not immediately available. That same date, the contract specialist asked the project designer to review Ryan's concerns. 20026

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