B-220594.2, FEB 26, 1986, OFFICE OF GENERAL COUNSEL

B-220594.2: Feb 26, 1986

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THIS IS IN REFERENCE TO YOUR LETTER TO OUR OFFICE DATED JANUARY 16. BID WAS NONRESPONSIVE DUE TO AN APPARENT ATTEMPT TO MODIFY THE BID ON THE BID ENVELOPE. THAT IT WILL BE UNABLE TO FOLLOW OUR SUGGESTION SINCE AWARD WAS MADE AT THE HIGHER AMOUNT JUST BEFORE THE PROTEST WAS FILED. WE WILL TAKE NO FURTHER ACTION IN THE MATTER.

B-220594.2, FEB 26, 1986, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

DYER AND HENNESSEY, COUNSEL FOR CENTRAL MECHANICAL CONSTRUCTION, INC. 2800 ROCKCREEK PARKWAY, SUITE 500 NORTH KANSAS CITY, MISSOURI 64117 ATTENTION: DARCY V. HENNESSEY, ESQ.

THIS IS IN REFERENCE TO YOUR LETTER TO OUR OFFICE DATED JANUARY 16, CONCERNING OUR DECISION, CENTRAL MECHANICAL CONSTRUCTION, INC., B-220594, DEC. 31, 1985, 85-2 CPD PARA. 730.

WE DENIED CENTRAL'S PROTEST THAT THE AWARDEE'S (N.G. ADAIR, INC.) BID WAS NONRESPONSIVE DUE TO AN APPARENT ATTEMPT TO MODIFY THE BID ON THE BID ENVELOPE; THE UNITED STATES ARMY CORPS OF ENGINEERS DID NOT ACT IMPROPERLY IN MAKING THE AWARD TO ADAIR. WE DID STATE OUR VIEW THAT THE CONTRACT SHOULD BE IN THE AMOUNT OF ADAIR'S ORIGINAL BID RATHER THAN THE HIGHER AMOUNT OF THE ATTEMPTED MODIFICATION. THE CORPS HAS ADVISED OUR OFFICE BY LETTER OF JANUARY 22 HOWEVER, THAT IT WILL BE UNABLE TO FOLLOW OUR SUGGESTION SINCE AWARD WAS MADE AT THE HIGHER AMOUNT JUST BEFORE THE PROTEST WAS FILED, AND THAT IT CANNOT LEGALLY REDUCE THE PRICE AT THIS POINT.

UNDER THE CIRCUMSTANCES, WE WILL TAKE NO FURTHER ACTION IN THE MATTER.