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B-190311 1 (1977-10-21)

handle is hein.gao/gaobadfev0001 and id is 1 raw text is: THE COMPTROLLER GRNERAL DECISION . .FOP THE umira STArUs WABHINGTON, D.C. 2054t) FILE: B-190311 DATE: October 21, 1977 MATTER OF: Rothwell Brothers, Inc. C1 DIGEST: Failure by bidder to acknowledge amendment increasing minimum wage rates renters bid ncnresponsive, since de minimus doctrine ia inapplicable and failure is material deviation which is not subject to waiver, notwithmrandins fact that bidder would be paying same or higher wage rates under union labor agreement, because acceptance of bid in form it exists at time of bid opening would not result in contract contain- ing statement of mJnimum wage rates to be paid as required by Davis-Bacon Act. By letter of 'September 27, 1977, the contracting officer at the Veterans Administratiun (VA) Hospital, Cincinnati, Ohio, requested our views in regard to a protest lodged by Rothwell Brothers, Inc. (Rothwell), against the rejection of its low bid and the proposed awrard of a contract to the next low bidder for furnishing and installing an automatic transfec switch to an existing emergency ,enerarar at the 7A Nursing Home at Fort Thomas, Kentucky. Rothwell's bid was rejected for failure to acknowledge receipt of amendment No. 1. The amendment incorporated a new Davis-Bacon wage determination which appeared in the Federal Register aftec the sclicitation was issued. Rothwell's bid price was $8,382 while the bid price of the second low bidder was $9,358, a difference of $976. In its protest to the VA, Rothwell argues that its bid was valil because it is a. union contractor and always pays prevailing wages and had the contracting officer contacted it, he would have discovered that its bid included the prevailing wage rates. The contracting officer states that the Labor on this project is -almost exclusively electrician and the wage rate for that trade was increased by the amendrent by $0.55 per hour, which is more than 4 percent above the electricians wage rate originally contained in the solicitation. The contracting officer further advises that the amendment added $170.50 to the cost of the project, I *

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