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B-183548 1 (1975-07-02)

handle is hein.gao/gaobadcqp0001 and id is 1 raw text is: 0 THE COMPTROLLER GENERAL DECISIO l OF THE UNITED STATES VVASHINGTON, D. C. 20548 FILE: B-183548 DATE: July 2, 1975 MATTER OF: S. Livingston & Son, Inc. DIGEST: Failure to formally acknowledge amendment to invitation, which included material change in delivery schedule as well as extension of bid opening date, was properly waived as minor informality under FPR § 1-2.405(d)(1), inasmuch as bid was dated and submitted between original and extended opening dateindicating that bidder was aware of amendment so as to charge bidder with knowledge of all information in amendment. Other bid accepted for award did not evidence receipt of amendment by bidder and agency is in process of terminating contract. On December 6, 1974, the Federal Aviation Administration (FAA) issued invitation for bids (IFB) No. LGM-5-0141B1 for uniforms for various classes of employees at Dulles International and Washington National Airports. The bid opening date was to have been January 8, 1975. However, by amendment No. 1, dated December 13, 1974, the bid opening date was extended to January 15, 1975, several changes were made in the requirements, and the period of performance was extended from June 30, 1975, to 365 days after award. S. Livingston & Son, Inc. (Livingston), has protested the. award of contracts for certain items under the IFB to Potomac Uniform Company (Potomac) and Hanover Shirt Company (Hanover) because of the failure of these two firms to acknowledge receipt of amendment No. 1 in their bids. Section 1-2.405(d) (1964 ed. Circ. 1) of the Federal Procurement Regulations (FPR) permits the contracting officer to waive the failure to acknowledge the receipt of an amendment as a minor informality or irregularity only if: (1) The bid received clearly indicates that the bidder received the amendment, such as where the amendment added another item to the invitation for bids and the bidder submitted a bid thereon; or - 1 - A~.

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