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B-283726.2 1 (2000-01-03)

handle is hein.gao/gaocrptakyf0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: FCS Construction Services, Inc. File: B-283726.2 Date: January 3, 2000 Fredric W. Steams, Esq., Vaughn, Wright & Stearns, for the protester. Maj. James A. Lewis and Col. Nicholas P. Retson, Department of the Army, for the agency. Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency properly converted the procurement from sealed bid to negotiated procedures, after bid opening, where the only acceptable bid received was at an unreasonable price. 2. Agency's corrective action of canceling converted negotiated procurement was permissible where agency determined that a potentially ambiguous solicitation requirement may have resulted in unduly restricted competition. DECISION FCS Construction Services, Inc. protests the cancellation of solicitation No. DAKF11-99-B-1001, issued by the Department of the Army for the renovation and repair of certain buildings at Fort McPherson, Atlanta, Georgia. We deny the protest. The solicitation, originally issued as an invitation for bids (IFB) on August 5, 1999, contained a schedule calling for prices for demolition work at two barracks buildings including the removal and disposition of any hazardous materials encountered, and for the installation of new partitions, ceilings, plumbing, electrical wiring and heating ventilating and air conditioning equipment. The schedule also required the attachment of certificates and the entry of license numbers for Georgia asbestos and LBP (lead-based paint) licenses; it stated that failure to submit these license numbers would render the bid ineligible for award. IFB §B. Section H of the solicitation contained a provision entitled SPECIAL REQUIREMENT FOR PRIME

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