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B-182626 1 (1975-02-04)

handle is hein.gao/gaobadcqc0001 and id is 1 raw text is: ~O ~p~~.THE COMPTROLLER GENERAL OECISIo . OF THE UNITED STATES WASHINGTON, 0. C. 20S,48 FILE: B-182626 DATE: February 4, 1975 MATTER OF: Algernon Blair, Inc. DIGEST: 1. Failure to formally acknowledge amendment to invitation, which included material changes as well as extension of bid opening date, may be waived as minor informality under ASPR 9 2-405(iv)(A) (1974 ed.), inasmuch as bid was dated and submitted on the extended opening date indicating that bidder was aware of amendment so as to charge bidder with ..knowledge of all information.contained therein., 2. Failure of low bidder to acknowledge an amendment with an estimated value of $3,240 which is 0.037 percent of the $8,843,000 low bid may be waived as a minor informality under ASPR § 2-405(iv)(B) (1974 ed.), where the value of the amendment is only 2.473 percent of the $131,000 difference between the low bid and the next low bid, and had no effect on.the competitive standing of bidders. Algernon Blair, Inc., the second low bidder under invitation for bids (IFB) No. N62467-71-B-0661, issued by the Naval Facilities Engineering Command, protests the award of a contract to the low bidder, Olson Construction Company (Olson) on the grounds that the Olson bid, which failed to acknowledge receipt of amendments 1 and 2 to the IFB, was nonresponsive. The IFB, issued on August 8, 1974, called for performing all work for Bomb Loading Plant Modernization, Naval Ammunition Depot, McAlester, Oklahoma. The IFB was revised by two amendments, each of which contained a notation that Each bidder shall refer in his bid to all amendments to this specification; failure to do so may constitute an informality in the bid. Bids were opened on October-10, 1974, and five bids were received. Olson's bid was $8,843,000 while the second low bid, submitted by Algernon Blair, was $8,974,000. The record discloses that Olson did not expressly acknowledge receipt of either amendment prior to bid opening but contains a letter from Olson to the pro- curing activity after bid opening stating that its firm received the amendments but inadvertently failed to acknowledge them. - 1 -

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