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A GA O Comptroller General
f. A Accountabity * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548
D ..
Decision
Matter of: Cedar Electric, Inc.
File: B-402284.2
Date: March 19, 2010
Timothy J. Woolford, Esq., Woolford Law, PC, for the protester.
Kelly DiGrado, Esq., Antonio R. Franco, Esq., PilieroMazza PLLC, for the intervenor.
Kate Gorney, Esq., Department of Veterans Affairs, for the agency.
Paula J. Haurilesko, Esq., Jonathan L. Kang, Esq., and Guy R. Pietrovito, Esq., Office
of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest of agency's waiver of the awardee's failure to acknowledge an amendment is
denied where the amendment was not material because it did not impose new legal
obligations on the bidders.
DECISION
Cedar Electric, Inc., of Lititz, Pennsylvania, protests the award of a contract to
Seawolf Construction Corp., of Parsippany, New Jersey, by the Department of
Veterans Affairs (VA) under invitation for bids (IFB) No. VA-244-09-IB-0315, for
renovation and new construction at the Lebanon VA Medical Center, in Lebanon,
Pennsylvania. Cedar Electric contends that the VA improperly waived Seawolfs
failure to acknowledge amendments to the IFB.
We deny the protest.
The IFB, issued on August 31, 2009, provided for the award of a construction
contract. Drawings, specifications, and project design information for performance
of the construction services were provided. The IFB was amended eight times.
Bidders were required to acknowledge each amendment when submitting a bid, and
were advised that, [f]ailure to acknowledge an amendment may result in your
proposal being considered non-responsive. IFB at 7.
Amendment 1 replaced the IFB in its entirety and included associated drawings and
two volumes of specifications. As relevant here, this amendment included a section](ViewImageLocal?handle=hein.gao/gaobadbft0001&div=1&collection=&method=preview&ext=.png&size=3)