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B-183529 1 (1975-08-19)

handle is hein.gao/gaobadcnz0001 and id is 1 raw text is: T HE COMRTFRLLER GENERAL M-1 CF THE UNITED STATES ,.\, qiA/ASHINGTON, [D.C. 20548 FILE: B-183529 DATE: August 19,1975 MATTER OF: Square Deal Trucking Company, Incorporated DIGEST: 1. Protest against bidder's failure to formally acknowledge IFB amendment may be filed up to five working days after notice of the Government's acceptance of such a bid. Although amend- ment was deficient for failure to include the required notification for acknowledgment, protest is against acceptance of bid contain- ing an allegedly unacknowledged amendment and need not be filed prior to bid opening as required for protests against solicitation improprieties. 2. Submission of bid which on its face reflects knowledge of essential element of solicitation amendment (extended bid opening date) con- stitutes constructive acknowledgment of receipt of the amendment so as to bind bidder to perform all changes enumerated in the amendment. Square Deal Trucking Company, Incorporated, protests the award of a contract to Bevard Brothers, Incorporated, under invitation for bids (IFB) No. 0443-AA-23-N-5-RB, issued by the Bureau of Materiel Management, Government of the District of Columbia (District). Es- sentially, the protester contends that Bevard's bid was nonresponsive since it did not include an acknowledgment of a material amendment to the solicitation. Square Deal initially protested to the District against any award to Bevard and notwithstanding the protest the District awarded the contract to Bevard on March 21, 1975. By letter of March 26, 1975, Square Deal filed this protest. The solicitation, as issued on March 6, 1975, called for the hauling and disposal of sludge for the period March 23, 1975 through June 22, 1975. Prospective contractors were advised that this was a negotiated procurement. Offers were to be submitted by 10:00 a. m. on March 13, 1975. Prior to receipt of offers, the District was advised by the United States Department of Labor that the applicable wage determination included in the solicitation was incorrect. In order to permit substi- tution of a new determination, and to allow revision and clarification of other aspects of the solicitation, the District decided to issue an amendment to the solicitation. The District advises that all prospec- tive contractors were notified telephonically prior to March 13, 1975, -1-

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