B-309989.2, Qualicon Corporation, December 3, 2007

B-309989.2 Dec 03, 2007 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Qualicon Corporation protests the selection of Jessico Inc. for award under invitation for bids (IFB) No. HSCG83-07-B-3WQ254, issued by the Department of Homeland Security, U.S. Coast Guard for replacement of pier services at the Coast Guard's Little Creek Station in Norfolk, Virginia. Qualicon contends that it submitted the lowest overall price and thus is entitled to award. We deny the protest. View Decision B-309989.2, Qualicon Corporation, December 3, 2007 Decision Matter of: Qualicon Corporation File: B-309989.2 Date: December 3, 2007 John R. Lockard, Esq., Vandenter Black LLP, for the protester. Jessica Gilden for Jessico Inc., an intervenor. Timothy A. Chenault, Esq., U.S. Coast Guard, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that agency deviated from solicitation's stated evaluation scheme in evaluating bids is denied where protester has not demonstrated a reasonable possibility that it was prejudiced by any deviation. DECISION Qualicon Corporation protests the selection of Jessico Inc. for award under invitation for bids (IFB) No. HSCG83-07-B-3WQ254, issued by the Department of Homeland Security, U.S. Coast Guard for replacement of pier services at the Coast Guard's Little Creek Station in Norfolk, Virginia. Qualicon contends that it submitted the lowest overall price and thus is entitled to award. We deny the protest. The IFB requested prices on six line items, identified as B-1 through B-6. The solicitation provided for award to the –low, responsive, responsible bidder based on the Total Aggregate Amount of Items B-1 through B-6.— IFB, sect. M-1. Of significance to this protest, items B-3 and B-4 provided as follows: B-3. Unit Item 2: Provide all labor, material, equipment, supervision and transportation required to install insulated carrier and containment piping system with heat tracing for potable water. Attach to existing piping at bulkhead and existing piping on top of the pier. B-4. United Item 3: Provide all labor, material, equipment, supervision and transportation required to install insulated ASTM B88, type K copper carrier pipe, accessories and fittings. Install containment piping system with heat tracing for potable water. Attach to existing piping at bulkhead and existing [piping] on top of the pier. IFB sect. B. The agency opened the following bids on August 7, 2007: Bidder Jessico Qualicon Bidder C Item B-1 $331,000 $408,821 $345,639 Item B-2 $ 26,000 $ 16,393 $ 94,000 Item B-3 $113,100 $ 70,599 $ 60,400 Item B-4 $117,000 $ 78,901 $ 69,400 Item B-5 $110,000 $119,880 $127,050 Item B-6 $ 52,000 $ 44,322 $ 68,000 Total $749,100 $738,916 $764,489 Agency Report, Tab 6. On August 8, Jessico protested to our Office, arguing that the project in question requires the performance of either the work in B-3 or the work in B'4, but not both, since the work to be performed under the two items is the same, the only difference between the two being the type of piping to be installed. Accordingly, Jessico maintained, the agency should include one or the other, but not both, in calculating the overall low bid. Jessico demonstrated that when the low bid was calculated by including either B-3 or B-4, but not both, its overall price was low.[1] The agency subsequently notified us that it intended to award to Jessico, whereupon we dismissed Jessico's protest. Upon learning that the agency intended to award to Jessico, Qualicon protested to our Office. Qualicon argues that the IFB explicitly provides for award to the bidder whose total aggregate price for items B-1 through B-6 is low, and that award to any bidder other than itself would thus be contrary to the clear language of the solicitation. The protester further argues that the bid schedule gives no indication that items B-3 and B-4 are to be considered alternate items.