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B-190294 1 (1978-01-11)

handle is hein.gao/gaobadfnv0001 and id is 1 raw text is: THe COMPTROLLER GENERAL DECI 10N . j. OF THE UNITEC STATES WASHINGTON, D.C. 20348 F LE: B-190294 DATE: January 11, 1978 MATTER o0-. Empire Painting Comparny, Inc. O DIGEST: lidder bears risk of not :ece..ving an amendment to the solicitation wbere agency has complied with all regulations regarding timely mailing and posting of the amendments. Empire Paintiag Company, Inc. (Empire) protests the award of a centract under Schedu e A of solici- tation No. DACA85-77-B-0049 issued b:' the Alaska Discrict, Army Corps of Engineers, for painting the iiteriors of family housing at Fort Richardson, Alaska. Empire's protest arises out of the fact that it did not receive Amendment R-4 to the solicitation which, inter alia, increased the work to be performed by adding two items to Schedule A at an estimated cost of $31,160.00. Because Empire did not acknowl- edge the amendment, Empire's low bid for Schedule A of $474,760.00 was found to be nonreaponsive. Eipire does not argue that Amendment R-4 ha a trivial effect on price or quantity of the work to be performed. Rather, Empire urgea that the solicitation should have been canceled and the requirement rtsclicited. The solicitation was issued on August 18, 1977 with a bid opening date of September 21, 1977. Amendment R-1, issued on August 22, 1977, shortened the bid preparation period by one wcek and established a new bid opening date of September 14, 1977. Amend- ment R-3 was issued on September 14, 1977 subsequent to telephonic notification to all bidders on September 13, 1977 and telegraphic notification on September 14, 197. ¶hat amendment established a new bid opening date of September 23, 1977. On September 15, 1977 the con- tracting officer issued Amendment R-4, the subject of this protest, but that amendment left the bid opening date at September 23, 1977. - 1 -

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