Astro Quality Services, Inc., B-280676, November 5, 1998

B-280676 Nov 05, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Request for upward correction after bid opening to add price for replacement of kitchen cabinets and countertops was properly denied by agency where. Protest that solicitation contained latent ambiguity is denied where. Was for the rehabilitation of buildings 218 and 220 at the Brooks Air Force Base. Eleven bids were received and opened as scheduled on June 15. Expressed concern that Astro's bid price was significantly below the other bid prices submitted. Was misled by Amendment 0006 into eliminating those costs from its bid.". The contract specialist determined that the costs for kitchen counters and countertops were in the official IGE and that amendment No. 6 had not eliminated the requirement for new cabinets and countertops. View Decision Matter of: Astro Quality Services, Inc. File: B-280676 Date: November 5, 1998 DIGEST Attorneys DECISION Astro Quality Services, Inc. protests the determination of the Department of the Army to deny Astro's request to correct an alleged mistake in its bid under invitation for bids (IFB) No. DACA63-97-B-0053. We deny the protest. The IFB, issued on July 16, 1997, was for the rehabilitation of buildings 218 and 220 at the Brooks Air Force Base, San Antonio, Texas. The required renovations, as specified in the IFB plans and drawings, included wall coverings, lights, cabinets, countertops, door refinishing and ceiling fans. Section 06410 of the IFB, entitled custom casework, contained various specifications and requirements for cabinets and countertops and stated in pertinent part, at 06410-3, that: Casework, including cabinets and counters, shall be flush overlay design and shall be custom built, either at a mill or in-place in the building. Casework shall be custom grade, and unless otherwise specified, shall be built to the quality standards specified in AWI-02 for cabinets and casework. Design shall be as indicated on the drawings. The drawings provided as part of the IFB contained numerous depictions and notes pertaining to cabinet and countertop requirements, including specifications calling for the removal/demolition of kitchen cabinets and countertops. Drawing sequence No. 17 provides dimension and construction details for the kitchen cabinets. Drawing sequence Nos. 9, 12, and 14 contain references to the design for new kitchen cabinets and countertops. Amendment No. 6, issued on August 21, among other things, deleted from the IFB section 12390, entitled cabinets and countertops, which contains specifications for prefabricated cabinets and countertops. Neither amendment No. 6 nor any other amendment provided for any change to the IFB plans and drawings with respect to kitchen cabinets and countertops, nor made any change to section 06410. The IFB called for the submission of only two lump sum entries, one for "suite plan" renovations, the other for "studio plan" renovations, plus a total bid entry consisting of the sum of these two. IFB Amendment No. 1 at 00010-3. Eleven bids were received and opened as scheduled on June 15, 1998. Astro submitted the low total bid of $568,000. Subsequent to the bid opening Astro's President spoke with the contract specialist and, upon learning the bid prices, expressed concern that Astro's bid price was significantly below the other bid prices submitted, and 22 percent below the independent government estimate (IGE) of $725,386.41. Contracting Division June 17, 1998 Memo Requesting Comments. Thereafter, by letter dated June 18, Astro requested the agency's permission to correct its bid. Astro stated that it had understood amendment No. 6 to mean that the requirement for new cabinets and countertops had been eliminated from the solicitation, and that therefore it mistakenly eliminated $103,946.15 from its bid price. June 18, 1998 Astro Letter to Agency Requesting Correction at 2. In support of its request for correction, Astro submitted an affidavit from Astro's estimator and a computer disk with its estimating spreadsheets. Astro contended that its worksheets established that it "intended to include an amount for cabinets, but was misled by Amendment 0006 into eliminating those costs from its bid." Id. The contract specialist determined that the costs for kitchen counters and countertops were in the official IGE and that amendment No. 6 had not eliminated the requirement for new cabinets and countertops. The agency determined that Astro's misinterpretation of amendment No. 6 was a judgment error, not subject to correction and denied Astro's request to correct its bid. The agency also noted that even if Astro had established the existence of a mistake that might have been correctable, Astro's submissions did not establish what it actually intended to bid for cabinets and countertops.