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B-183299 1 (1975-05-28)

handle is hein.gao/gaobadcjp0001 and id is 1 raw text is: STHE COMPTROLLER GENERAL DECISION 7 OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-183299 DATE: May 28,1975 MATTER OF: Macrow Construction Co., Inc. DIGEST: 1. Failure to acknowledge (prior to bid opening) amendment incorporating revised Davis-Bacon wage determination in IFB renders bid nonresponsive and subsequent award improper, notwithstanding bidder's statement that it pays wages at least equal to those in revised wage deter- mination, since acceptance of bid as submitted at time of opening would not result in contract containing state- ment of appropriate minimum wage rates as required by provisions of Davis-Bacon Act, 40 U.S.C. § 276a. 2. Failure to acknowledge wage determination amendment may not be waived as minor informality or irregularity in bid under accepted procurement practices or regulations applicable to procurement of construction services issued by FAA, since amendment affected price and acceptance of low bid was prejudicial to other bidders. 3. Even though acceptance of low bid which failed to acknowledge amendment was improper, FAA has recognized procurement deficiency and given nature and state of procurement, termination for convenience would not be economically feasible at this time. Macrow Construction Co., Inc. (Macrow), protests the award to Chateau Industries, Ltd. (Chateau), of a contract under invi- tation for bids (IFB) S055-5-48, issued on January 24, 1975, by the Department of Transportation, Federal Aviation Administration (FAA), for the remodeling of the communications center, regional office, East Point, Georgia. Five bids were received for opening on February 14, 1975. The bid of Chateau was the lowest received. However, Chateau's bid failed to acknowledge amendment No. 1. Amendment No. 1, issued on February 4, 1975, deleted exhibit A, Davis-Bacon wage rate Decision AR-4051, Clayton County, Georgia, which had - 1 -

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