Matter of:Executive Conference Center, Inc.

B-275882.2 Apr 10, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST An amendment to the statement of work in a solicitation which specifies the food transportation equipment the contractor is to use to transport meals to a military entrance processing station is material where it imposes additional obligations on the contractor to protect the food from contamination which were not required in the invitation for bids as issued or already imposed by applicable state and local food safety regulations. We sustain the protest. [1] The IFB was issued November 20. Facsimile bids were not authorized by the IFB. The contractor is to provide ice water. The contractor will also provide disposable plates. The IFB informed bidders that no food preparation facility was available at the MEPS and that the contractor's food preparation facility must be within 18 miles of the MEPS in order to be considered for award. View Decision Matter of: Executive Conference Center, Inc., Holiday Inn-Atlanta Central File: B-275882.2 Date: April 10, 1997 DIGEST Attorneys DECISION Executive Conference Center, Inc. d/b/a Holiday Inn-Atlanta Central protests the Department of the Army's decision to terminate its award of contract No. DABT23-97-D-0016, and the Army's proposed award of the contract to Ashok Kumar d/b/a Hotel Castlegate Howard Johnson Midtown, under invitation for bids (IFB) No. DABT23-97-B-0013 to provide lunch (noon) meals for armed forces applicants at the Military Entrance Processing Station (MEPS) in Atlanta, Georgia. We sustain the protest. [1] The IFB was issued November 20, 1996, by the Fort Knox Directorate of Contracting. Facsimile bids were not authorized by the IFB. The IFB contemplated the award of a firm, fixed-price requirements contract for a base year (January 1, 1997, through December 31, 1997) and 4 option years. The IFB's statement of work (SOW) specified that the contractor shall provide meals consisting of submarine sandwiches with potato chips and a beverage to the MEPS, which has a government-furnished dining and serving area. The SOW specified that the sandwiches could be on either white or whole wheat submarine-style bread, with a choice of sliced ham (baked or boiled), turkey, or roast beef, a choice of sliced swiss, provolone, or american cheese, and served with fresh sliced tomatoes and fresh shredded lettuce. Besides canned soft drinks, the contractor is to provide ice water, iced tea (10 oz. cup), and whole milk (half pint) upon request. The contractor will also provide disposable plates, knives, forks, spoons, cups, etc. with the meals as well as various condiments, including catsup, mustard, mayonnaise, pickles, relish, onions, salt and pepper, and oil and vinegar. The IFB informed bidders that no food preparation facility was available at the MEPS and that the contractor's food preparation facility must be within 18 miles of the MEPS in order to be considered for award. The bid schedule requested unit and extended prices based on an estimated quantity of 13,450 meals for the base period and each option year, with award to be made based on the aggregate amount. The contractor is to perform the contract in accordance with written delivery orders to be issued by the contracting activity. The IFB scheduled bid opening for 11:00 a.m. on December 20, 1996, and required bidders to return an original signed copy of the completed bid. On December 10, 1996, the Army issued Amendment 0001, the only amendment to the IFB. The amendment was issued on Standard Form (SF) 30 and a continuation sheet, and indicated that the hour and date specified in the IFB for bid opening had not been extended. The amendment deleted paragraphs of the SOW requiring medical examinations for food handlers and paragraphs relating to the dining and serving areas. The amendment also added the following new paragraphs to the SOW: "5.1.1.7.5 FOOD TRANSPORTATION EQUIPMENT.