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B-189264 1 (1977-10-28)

handle is hein.gao/gaobadfgw0001 and id is 1 raw text is: I. rNS C@MWTPOLLEU ONERAL DRlSION . . . OF THU UNITED STATUEs 4 WASNINOTON. D.C. 30543 FILE: 3-189264 OATE: October 28, 1977 MATTER OF: C 6 H ALrcraft DIGEST: 1. Rejection of low bid for failure to acknowlidge material amendment to solicitation is prope: , although bidder never received amendment, since failure to receive amendment was not result of conscious and deliberate effort by contracting agency to exclude bidier from competition. 2. Contracting agency is not insurer of delivery of procurement documents to prospective bidders. Bidder, not agency, bears risk of ronreceipt of amendments to solicitation. 3. Amendment Imposing aIditi'nal liability and costs on bidder which were not contained in original bolicitatioa constitutes material change. Failure to acknowledge amendmant therefore cannot be wai!ad and Lid must be rejected as nonrtsponstve to amended solicitation. The Department of Agriculture, Forest Service (Forest Service), has requested an a.vance decision concerning the award of an indet- inite quantities con:ract to provide li~ht aircraft transportation and reconnaissance services, resulting from invitation for bids (IFB) No.'R5-77-37, issued by the Forest Service on March 21, 1977. The Forest Service asks whether the apparent low bid was properly rejected as nonresponsive because the bidder failed to acknowledge an amendment to the solicitation. Three amerdments were issued prior to bid opening. The initial amendment, issued on March 29, 1977, changed the type of service, hourly standby rate, aircraft inspection cost provisions, and measure- ment of standby time, and advised as follows: OFVER01S ARE REQUIRED TO ACKNOWLEDGE RECEIPT OF THIS AMENDMENT PRIOR TO BID OPENING. IF YOU FAIL TO DO SO, YOUR BID WILL BE CONSIDERED NONRESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD. (Emphasis added.) A second amendment, effective April 1, 1977, Added two items to the -1M It

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