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B-192327 1 (1978-10-31)

handle is hein.gao/gaobadgoz0001 and id is 1 raw text is: I' TH 0 WMPTRCLLER SENERALA, 2. DECI CoN11 OFTHE UNITED SYATED '. VAEHIi'GTO.J. D.C. 2015)40 FILE: -192327 DATE: October J11 1978 MATTER OF: :.enzie Road Service, Inc. DIGEST: 1. Bidder's failure to acknowledge JFB amendment may not be excused on basis that bidder did not receive amendment from agency prior to bid opening where evidence does not 'indicate d'liberate attempt by agency to exciLde bidder from competition. 2. Bidder's failure to n:knowledge IP amendment which set forth .inority manpower utilization goals and timetables renders bid nonresponsive since bidder has not thercby committed firm to comply with material roquirement of IPB. 3. Failure to acknowledge amendment which materiaLly affects IF5 requirements is not minor informality which may be waived or cured after bid opening. McKenzie Road Service, Inc. ('cKdnzie), protess the rejection af its bid for failure to acKnowledge receipt of amendment 0001 with its bid as required by invitation for bids (IFB) No. DACW38-78-B-0048, issued by the Department of the Army (Army), U.S. Army Engineer District, Vicksburq, Mississippi. The IFBt, ised May 5, 1978, contempinted the award of a contract for construction of Skyline Drive Paving and Relocation, Cark County, Arkansas. Amendment 0001, issued May 24, 1978, added paragraph 19, pages 9 and 10, entitled Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (EEO) (Executive Order 11246), which provided timetables and goals for female and minority participation in each trade under the subject solicitation and applied the goals to all construction

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