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B-184322 1 (1975-07-17)

handle is hein.gao/gaobadclr0001 and id is 1 raw text is: 9. ~ 0%LER '. THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 U% ITV FILE: B-184322 DATE: July 17, 1975 MATTER OF: I-K Electric Company, Inc. DIGEST: Bid which failed to acknowledge IFB amendment increasing Davis-Bacon wage rates properly was rejected as nonresponsive, since failure to acknowl- edge amendment was material deviation not subject to waiver and de minimis doctrine does not apply to amendments of Davis-Bacon wage rates. Further- more, since agency states that amendment was mailed to all prospective bidders at time of issue, protesting bidder's failure to receive and acknowl- edge amendment cannot be viewed as result of conscious and deliberate effort to exclude bidder from competition. On April 29, 1975, the Veterans Administration (VA), North Little Rock, Arkansas, issued invitation for bids (IFB) No. 598-87-75 for a New Electrical System at the North Little Rock VA Hospital. Amendment No. 1 to the IFB was issued on April 15, 1975,*and deleted all work at Building No. 159. Amendment No. 2 to the IFB was issued on May 7, 1975, and incorporated Modifications No. 2, dated April 4, 1975, No. 3, dated April 25, 1975, and No. 4, dated May 2, 1975, to United States Department of Labor Decision No. AR75-4058, dated February 28, 1975, which increased the wage rates of several crafts, including construction laborers, concrete laborers and excavating laborers. The bid of I-K Electric Company, Inc. (I-K), was rejected for failure to acknowledge amendment No. 2. I-K protested its rejection to the contracting officer contending that (1) it had not received the-amendment; and (2) that the effect of the amend- ment was trivial. Following a denial of the protest by the con- tracting officer, the matter was presented to our Office for decision. - 1 -

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