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B-189330,B-189619 1 (1977-09-23)

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                         DOCUMIUT RESUME

03647 - lA2723920)

tRejOCtion of lid Due to Failure to Acknowledge Solicitation
Amendment]. E-189330; 8-189619. September 23, 1977. 5 pp.

Decision re- Cibro Petroleum; by Robert F. Keller, Deputy
Comptroller General.

Issue Area: Federal Procurement of Goods and Services  (1900).
Contact: office of the General Counsel: Procurement Law II.
Budget Function: General Government: Other General Government
     (806).
Organizaticn Concerned: Department of Defenae: Defense Fuel
    Supply Center, Alexandria, VA.
Authority: Truth in Negotiations Act. A.S.P.R. 7-2003.14(b) (3).
    A.S.P.R. 7-104.22. A.s.P..  2-405. 55 Coup. Gen. 615. 42
    Coup. Gen. 502. 50 Cop.  Gen. 11. 3-183549 (1975). H-182418
    (1975). E-184169  (1975). 3-184192 (1975). Executive Order
    11246. Executive order 11375.

         The protester objected to the rejection of its bid as
nonresponsive for failuve to ackboledge  receipt of an amendmant
to the solicitation. The bidder's failure to acknowledge the
amendment was not excused on the basis that the bidder did not
receive the amendment frcm the agency prior to bid opening; the
evidence did not indicate a deliberate attempt by the agency to
exclude the tirder from competition. The bidder's failure to
ackncwledge the amendment was not waived as a minor informality
since the asendment included mandatory clauses on
subcontracting. (Author/SC)













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