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B-277872 1 (1997-12-04)

handle is hein.gao/gaocrptagdx0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Precise Construction Management File: B-277872 Date: December 4, 1997 Yogen Dalal for the protester. Christopher M. Bellomy, Esq., and V. Paul Clay, Esq., Naval Facilities Engineering Command, for the agency. Scott Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly found bid nonresponsive is denied where bidder failed to acknowledge a material amendment; post-bid opening evidence showing intent to comply with the terms of the amendment cannot serve to cure an otherwise nonresponsive bid. DECISION Precise Construction Management protests the actions of the Department of the Navy in connection with invitation for bids (IFB) No. N63387-96-B-4582, issued for construction and landscaping work in San Diego, California. Precise maintains that the agency improperly failed to provide it with a copy of amendment No. I to the IFB and improperly rejected its bid as nonresponsive. We deny the protest. The IFB called for fixed-price bids to perform construction and landscaping work at the Navy's Murphy Canyon Housing facility. As part of the landscaping work, the IFB called for the installation of a sprinkler system and specified that certain equipment components were to be manufactured by a firm known as Calsense. As originally issued, the IFB also incorporated Federal Acquisition Regulation (FAR) § 52.236-5, which provides that references to equipment by trade name or model number shall be regarded as establishing a standard of quality rather than as establishing a requirement for a particular manufacturer's equipment. Because the Navy wanted only Calsense equipment, however, it issued amendment No. I to clarify the solicitation. The amendment provided that, notwithstanding any other provision of the IFB, only Calsense irrigation equipment was acceptable.1 1The amendment also made several other minor changes that for purposes of this protest are irrelevant.

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