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![handle is hein.gao/gaocrptaoet0001 and id is 1 raw text is:
G A 0 Comptroller General
Accountability * Integrity* Reliability of the United States
United States General Accounting Office
Washington, DC 20548
Decision
Matter of: Great Lakes Dredge & Dock Company
File: B-290158
Date: June 17, 2002
Daniel C. Sauls, Esq., Thomas P. Barletta, Esq., and Paul R. Hurst, Esq., Steptoe &
Johnson, for the protester.
Michael H. Payne, Esq., Starfield & Payne, for Weeks Marine, Inc., an intervenor.
Peter M. Kilcullen, Esq., Kilcullen Law, for Bean Stuyvesant, LLC, an intervenor.
Madeline Shay, Esq., U.S. Army Corps of Engineers, for the agency.
Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Agency was not required to reject as nonresponsive bid for dredging and disposal of
dredged material that failed to include all permits for proposed disposal site,
because submission of permits pertains to bidder responsibility.
DECISION
Great Lakes Dredge & Dock Company protests the award of a contract to any bidder
other than itself under invitation for bids (IFB) No. DACW51-01-B-0024, issued by the
U.S. Army Corps of Engineers, New York District for a navigation improvement
project for New York Harbor, Kill Van Kull and Newark Bay Channels. Great Lakes
contends that the agency should have rejected as nonresponsive the two bids that
were lower in price than its own.
We deny the protest.
The IFB, which was issued on September 4, 2001 and amended ten times prior to bid
opening, required the dredging and disposal of rock and non-rock material from the
channels. The solicitation provided for placement of the non-rock material removed
at the Historic Area Remediation Site (HARS), IFB § 02900, 7.2.1, but also
identified some of the material to be dredged as [n]on-rock material unsuitable for
placement at the HARS [disposal facility]. IFB, § 02900, 6. The IFB gave bidders
the option of using the OENJ Cherokee Bayonne Landfill Remediation Site or of
proposing their own facility for disposal of this material. IFB Amend. No. 0010,](ViewImageLocal?handle=hein.gao/gaocrptaoet0001&div=1&collection=&method=preview&ext=.png&size=3)