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B-184308 1 (1975-12-30)

handle is hein.gao/gaobaddtw0001 and id is 1 raw text is: 

                           THE  COMPTROLLER GENERAL
DECISION                   OF   THE   UNITED STATES
                           WASHINGTON. D. C. 20548



FILE:   B-184308                 DATE:  December 30,1975

MATTER   OF:    Ira Gelber Food Services, Incorporated           ag'


DIGEST:


1.    Low bidder, after bid opening, cannot cure its failure
      to acknowledge receipt of an IFB amendment because
      to do so would be tantamount to permitting the submission
      of a second bid. Bidder's alleged non-receipt of amendment
      does not appear to have been the result of a deliberate effort
      to exclude bidder from competition.

  2.  Bidder's contention that amendment to IFB only repeated
      obligation required under original IFB's Site Visit clause,
      and therefore, its failure to formally acknowledge receipt
      thereof should be waived as a minor informality is without
      merit for while clause required bidders to inspect site so as
      to acquaint themselves with general and local conditions
      affecting cost of performance, clause did not impose legally
      enforceable obligation under IFB for bidder to provide bus
      transportation for employees as required by amendment and
      thus did not give Government same rights against bidder as
      it would possess under amendment.

 3.   Where only estimate as to value of invitation amendment is
      bidder's unsupported, self-serving statement, rejection of
      its bid for failure to acknowledge such amendment was proper,
      for in determining whether amendment has only trivial or
      negligible effect on bid price to permit waiver, it would
      be inappropriate to permit bidder seeking waiver to determine
      value as it would give him option to become eligible for award
      by citing costs that would bring him within de minimis rule
      or to avoid award by placing larger cost value on effects of
      amendment.




                          - 1-
                                               PUBLISHED DECISIO!
                                               A55 Comp, Gen. .....***.

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