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B-184192 1 (1975-11-05)

handle is hein.gao/gaobadcto0001 and id is 1 raw text is: UE R f0 o p THE COMPTROLLER GENERAL DECISION 7 OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-184192 DATE: November 5, 1975 MATTER OF: Prince Construction Company - 7 DIGEST: Failure to timely acknowledge amendment modifying Davis-Bacon general wage determination will not render bid nonresponsive where amended wage rates are inapplicable to contract work and were routinely incorporated in amendment. Recommendation made to GSA that procedures be instituted to prevent incorporation into solicitations of inapplicable modifications of general - wage decisions. Prince Construction Company (Prince) protests the award to John F. Feezer Co., Inc. (Feezer) of a contract for a Fire Pro- tection Sprinkler System at the Interstate Commerce Building, Washington, D. C. on the ground that Feezer's bid was nonresponsive by virtue of its failure to acknowledge receipt of Amendment No. 1 to invitation for bids (IFB) No. 080521 issued April 30, 1975 by the General Services Administration. Amendment No. 1 was issued May 28, 1975 and contained a wage rate modification, 40 Fed. Reg. 22743 (May 23, 1975), of the wage rates contained in the invitation for bids. Bid opening took place on May 30, 1975. Of the five bidders for this contract, two, in- cluding the low bidder, Feezer, failed to acknowledge receipt of- Amendment No. 1. Feezer contends that it did not receive the amendment until June 2. Both Feezer and the contracting officer contend that the wage determination contained in Amendment No. 1 is inapplicable to any of the crafts to be employed under this contract. Prince's initial protest to the General Services Administration was denied on the ground that section 1-2.405(d)(2) of the Federal Procurement Regulations (cir. 1, 1969 ed.) provides for waiver of a bidder's failure to acknowledge an amendment to the solicitation if the amendment involves only a matter of form or is one which has either no effect or merely a trivial or negligible effect on price * * *. Similarly, decisions of this Office have permitted waiver of minor informalities. 52 Comp. Gen. 544 (1973) and 37 Comp. Gen. 785 (1958). However, if the amendment contains a wage rate determina- tion by the Secretary of Labor, the failure to acknowledge such an - 1 -

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