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B-184625 1 (1975-10-20)

handle is hein.gao/gaobadcuj0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 2O548 FILE: B-184625 DATE: October 20, 1975 MATTER OF: Hinck Electrical Contractors, Inc. DIGEST: 1. Failure to acknowledge (prior to bid opening) amendment incorporating Davis-Bacon wage determination in IFB rendered bid nonresponsive, notwithstanding bidder's union labor agreement requiring it to pay electrician's wages identical to those in the wage determination since wage determination applied to all mechanics and laborers employed under contract and acceptance of bid as submitted at time of opening would not result in contract containing statement of minimum wage rates as required by provisions of Davis-Bacon Act. 40 U.S.C. § 276a. 2. Failure to acknowledge wage determination amendment may not be waived as a minor informality or irregularity (pursuant to provisions of ASPR § 2-405) under accepted procurement practices since amendment affects the price bid. Hinck Electrical Contractors, Inc. (Hinck), protests the award of a contract to Tap Electrical Contracting Services, Inc. (TAP), under invitation for bids (IFB) No. N62472-74-B-0288 (as amended) issued by the Northern Division, Naval Facilities Engineering Command (NAVFAC), Philadelphia, Pennsylvania. The solicitation, a small business set-aside, was for the provision of 220 volt electrical service in 31 apartment buildings at the Naval Support Activity, Mitchel Manor, East Meadow, Long Island, New York. The specifications called for the installation of 220 volt receptacles, necessary wiring, service entrance equipment and feederstransformers and panelboards, together with associated removals, cutting, patching, and restoration for 493 apartment units in the buildings. Eight bids were received at bid opening on June 17, 1975, and award was made to the third low bidder, Tap, on June 30, 1975. The low bidder, Hatzel & Buehler (H&B) was found to be a large - 1 -

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