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B-184887 1 (1976-02-18)

handle is hein.gao/gaobaddge0001 and id is 1 raw text is: 0jVFR ~ ~-THE COMPTROLLER GENERAL DECISIDl- d . 1OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: DATE: February 18, 1976 B-184887 MATTER OF: Quality Services, Inc. DIGEST: 1. Failure to timely acknowledge amendment which revises wage determination upward is not minor informality or irregularity which can be waived under ASPR § 2-405(iv), since acceptance of bid in form that it exists at time of opening would not result in contract requiring contractor to pay established Service Contract Act rates, which clearly affects price. 2. Where protester acknowledges amendment in name of affiliate firm and amendment is signed by president of affiliate, whereas protester's bid was in name of protester and signed by president of protester, amendment cannot be considered as amendment submitted by protester since thcrce is no evidencC that affiliate and protester had same corporate identity, even though protester and affiliate had same address and telephone number. Moreover, no evidence presented that president of affiliate was authorized to sign amendment for protester so as to bind him to terms of amendment. 3. Where protester erroneously submits amendment in name of affiliate and president of affiliate signs amendment, contract- ing officer was not on notice that bidder had made mistake by submitting amendment in name of affiliate and was under no obligation to insure proper acknowledgment by protester, neither did contracting officer's request for verification of protester's bid because of a suspected mistake in bid price cause him to suspect a mistake in manner amendment was submitted. 4. Mistake made in corrected after made responsive manner amendment was acknowledged may not be bid opening since nonresponsive bid cannot be by correction of mistake made by bidder. By letter of September 3, 1975, the attorney for Quality Services, Inc. (Quality), protested the award of a contract to any other concern under invitation for bids (IFB) No. N00204-76-B-0004, issued by the Naval Air Station, Pensacola, Florida, on the basis that it (Quality) was the low responsive bidder. - 1 -

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