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B-184228 1 (1976-01-02)

handle is hein.gao/gaobaddto0001 and id is 1 raw text is: ,,, _- 1. 901OLLCR c0 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, O.C. 20548 FILE: B-184228 DATE: January 2, 197 MATTER OF: Porter Contracting Company cy DIGEST: 1. Failure to acknowledge material amendment to IFB which was received and acknowledged by all other bidders justifies rejection of bid even though bidder claims it was never received so long as there was no deliberate and conscious effort on part of agency to exclude bidder from competition. 2. Bid which failed to acknowledge IFB amendment increasing Davis-Bacon wage rate was properly rejected as nonresponsive, since failure to acknowledge amendment was material deviation. Fact that work to be performed by craft listed in amendment (bricklayer) was not specifically required under specifications is immaterial as agency determined that, in course of contract performance, craft could be employed. However, recommendation made that procedures be instituted to assure wage determination modifications are reviewed to ascertain applicability to contract prior to inclusion in amendment. On May 8, 1975, the National Institutes of Health, Bethesda, Maryland (NIH), issued invitation for bids (IFB) No. NIH-75-B(91)-254 for the renovation of laboratory modules. Porter Contracting Company (Porter) has protested the rejection of its low bid for failing to acknowledge amendment No. 1 to the IFB. Modification No. 2 to Wage Determination MD-75-3003 contained in the IFB was published in the Federal Register on May 9, 1975, and subsequently incorporated in amendment No. 1 dated May 21, 1975. This modification increased the wage rate for bricklayers. Following the opening of bids on June 4, 1975, a protest was lodged with the contracting officer by the second low bidder, Crystal Construction Company (Crystal), contending that amendment No. 1 was material and that the failure of Porter to acknowledge it rendered Porter's bid nonresponsive. Prior to ruling on the protest, the contracting officer inquired of the Construction Engineering Services Branch (CESB), NIH, as to whether a bricklayer would be required during the PUBLISHED DECISIC - 1 - .55 Comp. Gen.......

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