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B-186811 1 (1976-07-19)

handle is hein.gao/gaobadcws0001 and id is 1 raw text is: L THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-186811 DATE: July 19, 1976 MATTER OF: Dead Bug Edwards Company DIGEST: 1. Bidder's failure to acknowledge formally advertised solicitation amendment which had other than trivial effect on price and quality of required services may not be waived since there is not slightest indication in submitted bid that bidder received amendment. 2. Bidder's attendance at prebid opening conference where contents of IFB amendment were discussed, coupled with bidder's submission of bid only 2 days after conference, does not necessarily require conclusion that bidder informally acknowledged amendment. Should it have been advantageous for bidder to have avoided award after bid opening, bidder could have argued that lack of formal acknowledgement of amendment meant that it did not receive amendment or did not agree to amendment's terms. Dead Bug Edwards Company protests the May 1976 rejection of its bid under Department of Agriculture formally advertised solicitation No. 125-M-APHIS-76. The Department issued the solicitation on the morning of May 4, 1976, in order to obtain pesticide spraying services in Broward County, Florida. The Department's contracting officer rejected the bid, which was low for a part of the required services, because of the company's failure to 'acknowledge solicitation amendment No. 1, issued on the afternoon of May 4, prior to the date (May 6) of bid opening. The company insists that it informally acknowledged the amendment prior to bid opening. Informal acknowledgement of the amendment should be seen, the company argues, because its representative attended a prebid opening conference called by the Department to discuss possible specification changes. At the conference, the representative allegedly suggested specification - changes that were incorporated into the amendment. Moreover, - 1 -

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