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B-274796.2 1 (1997-02-14)

handle is hein.gao/gaocrptafrk0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: ABC Project Management, Inc. File: B-274796.2 Date: February 14, 1997 Thomas J. Rossi, Esq., Canfield, Venusti, Madden & Rossi, LLP., for the protester. Phillipa Anderson, Esq., Department of Veterans Affairs, for the agency. Katherine I. Riback, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly rejected as nonresponsive a bid that failed to acknowledge an amendment containing a revised Davis-Bacon Act wage rate determination with an increased wage rate for sprinkler fitters; amendment was material as agency reasonably anticipates that the services of sprinkler fitters will be required in contract performance, and there is no evidence that the bidder was otherwise obligated to pay sprinkler fitters at a level at least as high as that set forth in the wage determination. DECISION ABC Project Management, Inc. protests the rejection of its bid as nonresponsive under Department of Veterans Affairs invitation for bids (IFB) No. 604-4-96. ABC's bid was rejected for failure to acknowledge amendment No. 0001, which contained a revised Davis-Bacon Act wage rate determination. ABC maintains that its failure to acknowledge the amendment should be waived as a minor informality. We deny the protest. The IFB, issued on July 5, 1996, called for replacement of certain steam and condensation lines. Amendment No. 0001, also issued on July 5, contained a modified wage rate determination under the Davis-Bacon Act, 40 U.S.C. § 276a (1994), which increased the wage rates for sprinkler fitters. The agency received seven bids by the August 6 bid opening date. ABC was the apparent low bidder. The agency rejected ABC's bid as nonresponsive for failure to acknowledge amendment No. 0001. By letter dated September 5, ABC filed an 1144214

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