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B-184268 1 (1975-09-23)

handle is hein.gao/gaobadcmz0001 and id is 1 raw text is: T THE CGIMPTFROLLER G-E EAL. OF THE UtilTED STATESB WASHINGTON, D .C. 2O548 FILE: B-184268 DATE: September 23,1975 MiATTER OF: Harold N. Hall Construction, Inc. DIGEST: 1. Failure to provide bid bond, as required in IFB, is a material omission rendering bid nonresponsive. 2. Where amendment to solicitation merely corrects typographical error in Government estimate of cost range, and effects decrease in cost of performance, failure to acknowledge amendment may be waived and award made to otherwise low bidder on basis of bid as submitted. Harold N. Hall Construction, Inc. (Hall Construction), has protested against the award of a contract to either of the two lowest bidders responding to invitation for bids (IFB) N62467-74-B-9659, issued by the Southern Division, Naval Facilities Engineering Command (Navy), on May 19, 1975. Hall Construction contends that the low bidder, Coronado Construction Co., is nonresponsive because it failed to submit a bid bond with its bid and that Emcon, Inc., the second low bidder, is non- responsive because it failed to acknowledge an amendment to the solici- tation. The subject procurement was for the construction of a transmitter building at the Naval Air Station, Dallas, Texas. Originally, the solicitation contaihed three references to a requirement for the demolition of an old transmitter building, but, prior to its issuance, two references which described the demolition were crossed out and a notation was added which explained that this work was to be done by others. Inadvertently, the reference to the demolition was not removed from the paragraph which gave a general description of the requirements. On May 29, 1975, amendment 0001 to the solicitation was issued which deleted the mention of the demolition requirement from the general description and corrected a typographical error which had resulted in the solicitation erroneously giving the estimated cost of the project at between $100,000,000 and $500,000,000, instead of the intended estimate of between $100,000 and $500,000. The Navy agrees that the lowest bid was nonresponsive in that it failed to include a bid bond. The Navy disagrees, however, with the protester's contention that the second low bid is nonresponsive for failing to acknowledge amendment 0001. The Navy argues that the amend- ment did not affect the price, quality, or quantity of the procurement and, therefore, the failure to acknowledge amendment 0001 can be waived - 1

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