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B-186239 1 (1976-09-29)

handle is hein.gao/gaobadcxu0001 and id is 1 raw text is: 0%,LE R C .J oTHE COMPTROLLER GENERAL DECISION . ' OF THE UNITED STATES SWASHINGTON. .C. 20548 FILE: B-186239 DATE: Septeber 29, 1976 MATTER OF: North Landing Line Construction Co. 7 F6 0 DIGEST: 1. Award to bidder failing to acknowledge presumptively applicable solicitation amendment increasing Davis-Bacon wage rate may be made only if agency demonstrates (a) that increased rate does not relate to work to be performed under contract and (b) that it either was not reasonable for bidders to consider increased rates in bid preparation or that reliance upon amended rates was not prejudicial to protesting bidder in circumstances. 2. Specifications which could be reasonably construed to permit work covered by inapplicable wage rate amendment misstated Government's minimum needs and had effect of placing bidders on unequal bidding basis. However, where impact of protester's reliance was not such as to affect its relative position as second low bidder, no corrective action is recommended. BACKGROUND North Landing Line Construction Co. (North Landing) protests award to Service Electric Corporation (Service) of a contract for refurbishment of interior panel board and high bay area lighting at the National Aeronautics and Space Administration (NASA), Langley Research Center. North Landing contends that Service's bid was nonresponsive by virtue of its failure to acknowledge Amendment No. I to invitation for bids &o. 1-73-5992. The unacknowledged amendment contained modified wage rates which increased the minimum wages payable to certain employees, including ironworkers, protected by the Davis-Bacon Act, 40 U.S.C. 9 276a (1970). Service submitted the low bid of $13,672; North Landing was the second low bidder at $13,820. North Landing filed a protest with NASA concerning award to Service based on the company's failure to acknowledge the amendment and NASA - 1- - PUBLISHED DECISIOT 55 Comp. Gen .

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