Seabee Construction, LLC

B-416436 Jul 16, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Seabee Construction, LLC, of Gresham, Oregon, protests the award of a contract to Ascent Mechanical and Plumbing, Inc., of Spokane, Washington, under invitation for bids (IFB) No. W912DW-18-B-0008, issued by the Department of Army, Corps of Engineers (Corps), for landfill fencing. The protester argues that the agency should have allowed Seabee to correct a mistake in its bid after bid opening, asserting that its intended bid offered the lowest price. We deny the protest. We deny the protest. View Decision Decision Matter of:  Seabee Construction, LLC File:  B-416436 Date:  July 16, 2018 Kevin Eike, Esq., Aldrich Eike, PC, for the protester. Jason Piskel, Esq., Piskel Yahne Kovarik, for Ascent Mechanical and Plumbing, Inc., the intervenor. Bruce Rohde, Esq., and Tristan Brown, Esq., Department of the Army, for the agency. Young H. Cho, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of agency’s refusal to allow protester to correct bid is denied where the existence of a mistake was clear on the face of the protester’s bid but the intended bid could not be ascertained substantially from the invitation and the bid itself. DECISION Seabee Construction, LLC, of Gresham, Oregon, protests the award of a contract to Ascent Mechanical and Plumbing, Inc., of Spokane, Washington, under invitation for bids (IFB) No. W912DW-18-B-0008, issued by the Department of Army, Corps of Engineers (Corps), for landfill fencing.  The protester argues that the agency should have allowed Seabee to correct a mistake in its bid after bid opening, asserting that its intended bid offered the lowest price. We deny the protest. BACKGROUND The IFB[1] was issued on April 18, 2018, under Federal Acquisition Regulation (FAR) part 14, as a total service-disabled veteran-owned small business set-aside.  IFB at 14.  The IFB stated that a single fixed-price contract would be awarded to the responsible bidder whose bid conforming to the solicitation was the most advantageous to the government, considering only price.  Id. at 26, 28.  The IFB required bidders to submit in their bid schedules pricing for four contract line item numbers (CLINs) separately, as well as the total sum of the four CLINs.  Id. at 17.  The bidders were also required to submit their CLIN pricing in another section of the IFB without entering the total sum of the CLINs.  Id. at 24-25.  The IFB cautioned bidders to review the bidder’s price for possible errors in calculation.  Id. at 22.  The IFB, as amended, established a bid opening date of May 22, 2018.  Id., amend. 3, at 2. Seabee submitted its sealed bid on May 18.  Agency Report (AR), Tab 4, Seabee Bid at 59.  On May 25, the agency contacted Seabee to verify the unit price for each CLIN.  AR, Tab 7, Agency May 25, 2018 8:46 a.m. Email to Seabee at 108.  Seabee responded the same day, stating that the CLIN pricing was correct.  AR, Tab 8, Seabee May 25, 2018 9:43 a.m. Email to Agency at 110.  The agency contacted Seabee again the same day, advising Seabee that the total pricing of Seabee’s bid, i.e., the sum of all four CLINS, appeared to have been calculated incorrectly.  AR, Tab 9, Agency May 25, 2018 10:42 a.m. Email to Seabee at 113.  Specifically, the agency advised Seabee that the total amount stated in its bid was $847,651.66 whereas the sum of the individual CLINS, which were verified by Seabee, was $867,651.66.  Id.  Seabee contacted the agency and requested that the agency permit it to correct the mistake.  Contracting Officer’s Statement (COS) at 4; AR, Tab 10, Seabee May 25, 2018 10:54 a.m. Email to Agency at 116.  In this regard, Seabee contended that an error occurred when inputting the pricing for CLIN 0003, stating that its intended amount was $335,749.55, rather than $355,749.55.  AR, Tab 10, Seabee May 25, 2018 10:54 a.m. Email to Agency at 116.  Seabee also produced an Excel spreadsheet that Seabee stated was used to complete its CLINs to show that Seabee’s intended price for CLIN 0003 was $335,749.55.  Id. On May 29, the agency informed Seabee that its request to correct its bid would not be granted.  AR, Tab 12, Agency May 29, 2018 Email to Seabee 10:26 a.m. at 129.  On June 1, 2018, award was made to Ascent, based on its bid of $867,129.  AR, Tab 13, Ascent Contract at 133, 135-136; AR, Tab 14, Award Notification.  This protest followed.