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B-294014 1 (2004-06-30)

handle is hein.gao/gaocrptapmz0001 and id is 1 raw text is: G A O0 Comptroller General A a * Integrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Orion Construction Company, Inc. File: B-294014 Date: June 30, 2004 Thomas J. Kelleher, Jr., Esq., Smith, Currie & Hancock, for the protester. Maj. Gregory R. Bockin and Charles D. Shults, Esq., Department of the Army, for the agency. Linda C. Glass, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where an invitation for bids (IFB) soliciting bids for multiple line items contains clauses that permit the government to accept any item or combination of items in the bid, the agency has the discretion to make a partial award of any combination unless the IFB elsewhere contains express language precluding such an award. DECISION Orion Construction Company, Inc. protests the award of a contract to Dorado Services, Inc. under invitation for bids (IFB) No. W9124C-04-B-0002, issued by the Department of the Army for demolition, framing, and roofing work for a building located at Fort Jackson, South Carolina. Orion essentially argues that the agency's partial award of two contract line items (CLINs) to Dorado was inconsistent with the IFB. We deny protest. The IFB was issued on February 16, 2004. The IFB identified five CLINs. The agency reports that because of the size of the roof to be replaced, the engineers were not certain that the projected funding would permit all the re-roofing to be performed. Therefore, the engineers divided the work into phases, which would give the agency the flexibility to award all or part of the work depending on the prices received. The CLINs as contained in the bid schedule reflect this approach, that is, each CLIN reflected a part of the roof requiring re-roofing. Agency Report, Tab 17, Contract Specialist's Statement, at 1. Several provisions of the solicitation advised bidders that the government reserved the right to award all, none, or a combination of the

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