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B-186263 1 (1976-05-26)

handle is hein.gao/gaobaddlz0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON D. C. 20548 -' I T1IT1 FILE: B-186263 DATE: May 26,.1976 MATTER OF: B. R. Abbot Construction Company /S DIGEST: 1. Submission of bid which on its face indicates that bidder was aware of amendment to solicitation extending bid opening date constitutes constructive acknowledgment of receipt of amendment so that failure of bidder to formally acknowledge receipt of amendment is minor informality or irregularity which may be waived. 2. Allegation of bid mistake made by higher bidder more than 10 days after notification of award is untimely filed. Even though preaward warning of possible mistake in another's bid could be sufficient cause for verifying bid, it is questionable whether protester should be heard to argue possibility of mistake in contract price since parties to contract, not protester, must assert rights and bring forth all necessary evidence. 3. As general rule, bid verification is not required where dis- crepancy exists on one item which may be awarded only in aggregate and where total bid price is in line with other bids. B. R. Abbot Construction Company (Abbot) of Chicago, Illinois, protests award to Pickus Construction and Equipment Company, Ic. (Pickus), under Naval Facilities Engineering Command (Navy) IFB N62472-74-B-0259, for expansion and alterations to various buildings located at the Naval Training Center, Great Lakes, Illinois. Through counsel, Abbot asserts that the Pickus bid should have been rejected as nonresponsive since Pickus failed to formally acknowledge receipt of Amendment No. 0001 to the original solicitation. The effect of that amendment was to extend the date of bid opening from March 19, 1976, to March 23, 1976, and according to Abbot, to increase the cost of performance by somewhat more than 7 percent. Pickus did not formally acknowledge receipt of the amend- ment but its bid form was dated March 23, 1976, in accordance with the extended bid opening date. Moreover, it appears that Pickus modified the directions for submitting bids as contained on the - 1 -

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