About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


B-270162 1 (1996-02-01)

handle is hein.gao/gaocrptadxa0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Applicators, Inc. File: B-270162 Date: February 1, 1996 Joseph H. Kasimer, Esq., Kasimer & Ittig, for the protester. Christopher M. Kerns for Fort Myer Construction Corporation, the intervenor. Gregory H. Petkoff, Esq., and Jean M. Redzikowski, Esq., Department of the Air Force, for the agency. Henry J. Gorczycki, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision., for the protester. DIGEST Award to bidder submitting the lowest base bid is proper, even though that bid is not the lowest aggregate bid inclusive of an additive item, where the available funds are sufficient to cover only the base bid. DECISION Applicators, Inc. protests the award of a contract to Fort Myer Construction Corporation under invitation for bids (IFB) No. FA4416-95-B-A063, issued by the Department of the Air Force for the construction of a parking lot and drainage for Hangar 11 at Andrews Air Force Base, Maryland. We deny the protest. The IFB bid schedule, as amended, sought bid prices for contract line items numbers (CLIN) 0001 and 0002--identified as the base bid for the construction of the parking lot--and for CLINs 0003AA, 0003AB, and 0004--which together are identified as an additive item for construction of drainage. The IFB incorporated by reference the provision at Defense Federal Acquisition Regulation Supplement (DFARS) § 252.236-7007, Additive or Deductive Items (Dec 1991), which states in pertinent part: (a) The low offeror and the items to be awarded shall be determined as follows-- (1) Prior to the opening of bids, the Government will determine the amount of funds available for the project. 817130