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B-180999 1 (1974-07-12)

handle is hein.gao/gaobadcdd0001 and id is 1 raw text is: DECISION I R . Azi FILE: B-180999 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 6112q3 DATE: July 12, 1974 MATTER OF: Genest Baking, Inc. DIGEST: Bidder's failure to acknowledge amendment to IFB instructing bidders to insert symbol lbs (pounds) as unit of issue for items 4, 6, 7 and 8, which had been inadvertently omitted from IFB as originally issued, may be waived pursuant to FPR 1-2.405 since amendment imposed on bidder no additional obligations than those required under the original solicitation, and bid complied with original IFB instructions. Genest Baking, Inc. (Genest), which was found to be nonresponsive for failing to acknowledge receipt of an amendment to the solicitation, protests this determination by the contracting officer on grounds that the amendment had no effect on its bid. Invitation for bids (IFB) 518-74-77 was issued by the Veterans Administration Hospital (VA) in Bedford, Massachusetts, on February 26, 1974, for bread and rolls requiremehts for fiscal year 1975. On March 5, 1974, the VA issued an amendment to the IFB to correct an inadvertent omission of the unit of issue for items 4, 6, 7 and 8 by instructing bidders to insert the symbol lbs (pounds) as the unit of issue for each item offered. The amendment was prompted by the low bidder, Genest, bringing to the VA's attention that there were blank spaces in the unit columns of the IFB where units of issue should have been entered for items 4, 6, 7 and 8. While Genest had written in the symbol lb for item 4 in its bid, it failed to acknowledge receipt of the amendment prior to bid opening on March 28, 1974. The protester asserts that there was no need for it to acknowledge the amendment, since it had initially bid on the basis of pounds in its bid in compliance with the IFB instructions on page 12 which stated as follows: NOTE: Bidders shall state the price per pound not the price per load or unit. The contracting officer, however, found that the amendment did affect its bid, because by failing to acknowledge the amendment or to - 1 - 5~~

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