John C. Grimberg Company, B-284013, February 2, 2000

B-284013 Feb 02, 2000 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST The determination of the low bid submitted in response to an invitation for bids for a construction base item with various additive items must be based on the items encompassing the actual work to be awarded and may not consider additive items that are not awarded. Grimberg contends that it should have received the award because it submitted a lower price than did Tompkins for the actual work awarded under the IFB. Bidders were required to enter separate prices for the "Base Bid. The Base Bid was for the construction of three 25-meter ranges and a ballistic screen wall. Add Alternate No. 1 was for the construction of a 50-meter range and associated site work. Add Alternate No. 2 was for the construction of a stress obstacle range and associated site work. View Decision Matter of: John C. Grimberg Company File: B-284013 Date: February 2, 2000 DIGEST Attorneys DECISION John C. Grimberg Company protests the award of a contract to Charles H. Tompkins Company under invitation for bids (IFB) No. 7213R, issued by the Federal Bureau of Investigation (FBI), for the construction/renovation of firearms ranges at the FBI Academy in Quantico, Virginia. Grimberg contends that it should have received the award because it submitted a lower price than did Tompkins for the actual work awarded under the IFB. We sustain the protest. Under attachment A of the IFB, bidders were required to enter separate prices for the "Base Bid," three separate "Add Alternates," and a total bid amount determined by adding the prices for the Base Bid and Add Alternates. The Base Bid was for the construction of three 25-meter ranges and a ballistic screen wall, as well as soil remediation, general site work, and demolition of existing facilities. Add Alternate No. 1 was for the construction of a 50-meter range and associated site work. Add Alternate No. 2 was for the construction of a stress obstacle range and associated site work. Add Alternate No. 3 was for the construction of a combat range and associated site work. IFB Sec. 00200, Para. 1.26. Attachment A also stated: The Government reserves the right to select all, none or any combination thereof of the Add Alternates listed above. A single award will be made to the lowest priced responsive and responsible bidder inclusive of the Base Bid and sum total of the Add Alternates. The IFB also stated: A single award will be made to the lowest priced responsive and responsible bidder. Discounts for Early Payment, if offered, will not be considered in evaluation for award. Award shall be made on the total bid amount. IFB Sec. 00200, Para. 1.23(1). Along with this statement, this section, consistent with attachment A, contained blank spaces for bidders to insert separate pricing for the base bid, three alternates, and total bid amount. At bid opening on June 24, 1999, the FBI received seven bids in response to the IFB, including bids from Grimberg and Tompkins. The FBI determined that Tompkins submitted the lowest-priced bid based upon its total bid amount of $35,969,000, which included a Base Bid price of $19,969,000, an Add Alternate No. 1 price of $6,000,000, an Add Alternate No. 2 price of $3,000,000, and an Add Alternate No. 3 price of $7,000,000. Grimberg submitted the next low priced total bid at $37,230,000, which included prices of $18,950,000 for the Base Bid, $7,150,000 for Add Alternate No. 1, $3,900,000 for Add Alternate No. 2, and $7,230,000 for Add Alternate No. 3. Due to funding restrictions, the FBI determined that award would be made to Tompkins for the Base Bid and Add Alternate No. 2 only. Agency Report, Tab 14, Memorandum (Sept. 21, 1999). The FBI awarded the contract to Tompkins on October 21 for the Base Bid and Add Alternate No. 2 at a price of $23,029,000. /1/ Grimberg protests that it is entitled to the award since it submitted the lowest price for these two items (that is, $22,850,000). The FBI defends the award to Tompkins on the basis that the language in attachment A and section 00200, paragraph 1.23 of the IFB (quoted above) requires that the low bid be determined by evaluating the bid prices for the total bid amount, reflected by the Base Bid plus all three alternates, irrespective of the items actually awarded. Contracting Officer's Statement at 4-5; Agency Memorandum of Law at 2-4. An award under a procurement conducted under sealed bid procedures must be made consistent with the requirements of 41 U.S.C. Sec.