About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-184418 1 (1975-10-28)

handle is hein.gao/gaobadctt0001 and id is 1 raw text is: DECISION FILE:- B-184418 THE COMPTROLLER GENERAL i~ t'-OF THE UNITED STATES vI/A AH i NGTO N C C . 20548 [DT :October 28,1975 MATTER OF: Shah Construction Company DIGEST: 1. Failure to acknowledge amendment to IFB substituting latest Davis-Bacon wage determination which affected employees performing work under the contract renders bid nonresponsive since it is not a minor informality or irregularity that may be waived. 2. Inadvertent misdirection of solicitation amendment does not require cancellation since procurement activity is not insurer of prompt delivery. The propriety of procurement rests not on affording every prospective bidder an oppor- tunity to bid but on obtaining adequate competition and reasonable prices. Shah Construction Company (Shah) protests the award to J. W. Praught Company under invitation for bids (IFB) No. N62472-75-B-0084, issued by the Northern Division, Naval Facilities Engineering Command. The IFB called for the relocation of the Naval Blood Research Laboratory, U.S. Naval Hospital, Chelsea, Massachusetts. On May 30, 1975, amendment 0001 was issued which increased the amount of liquidated damages and substituted a new wage decision of the Department of Labor applicable to this construction work. The new wage determination increased the 'minimum fringe benefits that the contractor would be required to pay to some of the employees performing work under the contract. The bid of Shah was low but was rejected as nonresponsive since it failed to acknowledge receipt of amendment 0001 or otherwise indicate that the bid included the amendment. Shah alleges that since it did not receive the amendment its bid should not be rejected. The record ihdicates that the amendment was mailed to Shah tion Company, Salem Lincoln Street, Wakefield, Massachusetts. correct address is 7 Lincoln Street, Wakefield, Massachusetts. address was incorrectly recorded on the bidder's list due to a standing of the address telephonically communicated by Shah. - 1 - t A Construc- The Shah's misunder- -7 77,?.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most