3W American Enterprises, Inc.

B-274410.2 Dec 27, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Which was modified by an amendment which significantly changed several of the estimated required quantities. Is nonresponsive because the bid is ambiguous regarding whether the bidder intends to be bound to the original or amended estimates. Illinois. 3W American's bid was rejected as nonresponsive because the prices were entered on a superseded. Incorrect bid schedule. 3W American contends that its bid was responsive because it acknowledged the amendment which modified the bid schedule. The protester also asserts that the awardee's bid should have been rejected for failure to acknowledge a material amendment. Bidders were also to provide prices for an estimated square footage for floor stripping. View Decision Matter of: 3W American Enterprises, Inc. File: B-274410.2 Date: December 27, 1996 DIGEST Attorneys DECISION 3W American Enterprises, Inc. protests the rejection of its bid and the award of a contract to Selrico Enterprises, Inc. under invitation for bids (IFB) No. N68950-96-B-0003, issued by the Naval Facilities Engineering Command, Department of the Navy, for housekeeping services at the Great Lakes Naval Hospital Complex, Naval Training Center, Great Lakes, Illinois. 3W American's bid was rejected as nonresponsive because the prices were entered on a superseded, incorrect bid schedule. 3W American contends that its bid was responsive because it acknowledged the amendment which modified the bid schedule. The protester also asserts that the awardee's bid should have been rejected for failure to acknowledge a material amendment. We deny the protest. The IFB contemplated the award of a combination firm, fixed-price and indefinite quantity contract and, as issued, contained a 27-page bid schedule calling for unit and extended prices for 131 line items divided into firm, fixed-price work and indefinite quantity work for a basic performance period of 1 year with four 1-year option periods. The line items on the original schedule divided both the fixed-price work and the indefinite quantity work to be accomplished into seven "classes of services," labeled as classes A through G, and additional specific jobs. Each class required the cleaning of different areas following different schedules and associated estimated numbers of cleanings. Bidders were also to provide prices for an estimated square footage for floor stripping, waxing and sealing and carpet shampooing. The indefinite quantity work required the entry of unit and extended prices for classes of services with estimated quantities, and for an estimated square footage for floor stripping and rewaxing, carpet shampooing, cleaning of ceiling light fixtures, exterior window cleaning and carpet vacuuming. The solicitation contained an adjustment clause, "Estimated Line Item Increase," which states, in relevant part: "In the indefinite quantity portion of the contract, the estimated line item amount may be unilaterally increased by the [c]ontacting [o]fficer by one unit or 25%, whichever is greater. The [c]ontractor is not obligated to furnish any additional quantity under a line item beyond 125%." Prior to bid opening, the Navy issued seven amendments to the solicitation. Amendment 0002 deleted the original bid schedule in its entirety; added a new 25-page bid schedule calling for unit and extended prices for 128 line items divided into firm, fixed-price work and indefinite quantity work for a base performance period of 7 months with four 1-year option periods; revised the estimated quantities for many of the line items; and, extended the bid opening date. The revised bid schedule for the firm, fixed-price work required prices for estimated quantities of the seven classes and for the estimated square footage of floor stripping and rewaxing, and carpet shampooing. The revised schedule for the indefinite quantity work required prices for estimated quantities of the seven classes of services and estimated quantities of floor stripping and rewaxing, carpet shampooing, cleaning ceiling light fixtures, and carpet vacuuming. Estimates on the revised bid schedule were revised upward or downward for at least half of the line items. The agency received 14 bids by the July 12, 1996, bid opening, ranging in price from $8,851,324.44 to $35,429,262.87. 3W American was the seventh low bidder, at $14,176,483.09 and Selrico was sixth low at $14,167,053.87. Because the tenth low bidder protested to our Office, the Navy reviewed the 10 low bids, including Selrico's and 3W American's. [1] Review of the bids resulted in the rejection of the five low bids as well as rejection of 3W American's bid.