Overstreet Electric Company, Inc., B-283830; B-283830.2, December 30, 1999

Overstreet Electric Company, Inc., B-283830; B-283830.2, December 30, 1999 TITLE: Overstreet Electric Company, Inc., B-283830; B-283830.2, December 30, 1999 BNUMBER: B-283830; B-283830.2 DATE: December 30, 1999 ********************************************************************** Overstreet Electric Company, Inc., B-283830; B-283830.2, December 30, 1999 Decision Matter of: Overstreet Electric Company, Inc. File: B-283830; B-283830.2 Date: December 30, 1999 Benjamin J. Overstreet for the protester. Joan K. Fiorino, Esq., and Valinda J. Astoria, Esq., Douglas & Barnhill, for BMAR & Associates, Inc., the intervenor. Lt. Col. Richard B. O'Keeffe, Jr., and Matthew W. Bowman, Esq., Department of the Army, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of this decision. DIGEST 1. Amendment to invitation for bids for construction services that reduces the minimum integrated short circuit rating for the required panelboards had the effect of decreasing the performance requirements and cost, and thus is not a material amendment, such that the agency can properly waive a bidder's failure to acknowledge it as a minor informality. 2. Invitation for bids that contained general references to load centers, but did not provide detailed specifications for load centers, and contained specific specifications for panelboards, which perform the same types of functions as load centers, must reasonably be interpreted as requiring the specified panelboards. DECISION Overstreet Electric Company, Inc. protests the award of a contract to BMAR & Associates, Inc. under invitation for bids (IFB) No. DABT23-99-B-0039, issued by the Department of the Army for the renovation of electrical services at Van Voorhis Family Housing, Fort Knox, Kentucky. Overstreet protests that BMAR's bid should be rejected for failing to acknowledge an amendment and that a mistake in Overstreet's bid should be corrected. We deny the protest. The IFB, issued on August 2, 1999, contemplated the award of a fixed-price, indefinite-delivery, indefinite-quantity contract for 1 year with 4 option years. IFB at 1, B-1, L-3. The IFB bid schedule contained two contract line item numbers (CLIN), one for four-plex housing buildings and the other for eight-plex housing buildings. IFB at B-1. The estimated quantity for the first CLIN was 62 units and for the second CLIN was 119 units, and bidders were to bid unit prices and total prices for each CLIN. Id. Award was to be made to the responsible bidder with the lowest-priced responsive bid, considering the aggregate price of all items. RFP at M-2. Section 01010 of the specifications, entitled Summary of Work, described the work to be performed, which involved the removal or demolition of the existing electric services and the installation of new services for each building and in each apartment. Agency Report, Tab F, Specifications and Drawings sect. 01010, para. 1.0. Of relevance here, this section stated: The existing apartment service panels shall be demolished and replaced with single phase, 100 amp, 20 pole, main lug only, load centers. Id. para. 1.1.3. Paragraph 2 of section 01010 includes several references to the installation of, or work on, new load centers in the apartments, including the following: Install load center flush; the contractor shall modify wall studs as required to achieve flush mounting and shall relocate plumbing pipe and other utilities as required. Id. para. 2.4.1. Section 16470 of the specifications, entitled Panelboards, stated that the "work included" the following: 1. Lighting and appliance branch circuit panelboards. Id. sect. 16470, para. 1.1.1. [1] This section listed acceptable manufacturers of "panelboards and load centers." Id. para. 2.1, and specified the particular type of the "branch circuit panelboards" required as follows: Lighting and Appliance Branch Circuit Panelboards: [National Electrical Manufacturers Association] NEMA PB1; circuit breaker type. [Federal Specification] FS W-P-115; Type I, Class 1. . . . . . Minimum Integrated Short Circuit Rating: 65,000 amperes rms symmetrical for 240 volt panelboards. Id. sect. 16470, para.para. 2.2.1, 2.2.5. This section also addressed installation as follows: Install interior panelboards plumb and flush with wall finishes, in conformance with NEMA PB 1.1. Modify wall structure, soil pipe and plumbing as required to fit panel flush into wall. Id. sect. 16470, para. 2.4.1. The IFB also included drawings detailing various aspects of the project. Bid opening was originally scheduled for August 31. IFB at 1. On August 31, prior to the scheduled bid opening, the agency received a message from a potential bidder requesting clarification and postponement of bid opening because: [t]he contract requires bidders to furnish 65k rating on all panels.