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B-191240 1 (1978-03-10)

handle is hein.gao/gaobadfvk0001 and id is 1 raw text is: iI mI James Vickera C k '~. THE COM'PTROLLER OENEFrAL DESCIBION .0^ . a TH.! UNITEC TATES WASHIN TON. D.C. 90540 B-191240 Electro-Coatings, Inc. DIGEST: Failure to acknowledge amendment con- taining Service Contract Act wage determination may -nt be waived as minor informality under FPR S 1-2.405 since bidder could not be required to pay prescribed :ates notwithstanding bidder may already be paying such rates. Electro-Coatings- Inc. (ECI), has protested the rejection of its bid under invitation for bids (IFB) No. GSW-6PWR-80027, issued by the General Services Administration (GSA). The IFB for electrostatic painting services was issued on December27, 1977, without a Sarvica Contract Act wage determination and advised bidders If the Wage Determination applicable to this Solicitation is received prior to :10-dayu before bid opening, an amend- ment to this Solicitation will be issued. On Jan- uary 5, 1978, an amendment to the IFB was issued con- tainingthe waqe determination. On January 24, 1978, bids were opened and ECI's bid failed to acknowledge and return the amendment. By letter of February 15, 1978, the contracting officer rejected ECI's bid as nonresponsive. Couni.2e for ECI argues that the failure to acknowledge the amendment should be waived as a minor informality under Federal. Procurement Regula- tions 5 1-2.405 (1964 ed. circ..1) as ECI was already paying its workers the rates contained in the wage determination, it was committed to the act from the - 1- 5 9 ---4 ___ 1 1' - V.--- Y' FL 1 FILE: MATTER OF: DATE: Pach 10, 17(8

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