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B-193107 1 (1978-11-07)

handle is hein.gao/gaobadgpf0001 and id is 1 raw text is: I % tN HIE CCMrjCRC'_LER SEN ERAL d DECISION 0 CF TH 11U N C /4 8AE ugg*IBIO . D THRUNITED STATES V WAEHINGTON. D.C 2054F0 FILE: 6-193107 DATE: November 7, 1978 MATTER OF; Corner Construction Company DIGEST: Failure to ackncwledge wage rate 6etermination !ddenda may not be waived as minor informality in bid. Corner Construction Company (Corner) protests the National Park Service's refusal to consider its bid under invitation for bids No. 1560-78 issued by the National Park Service. ,Corner's bid was rejected because the firm failed to acknowledge two sblicitation addenda, including a revised wage determination. Corner argues that its bid was valid because it is a union contractor and pays its employees at least the pre- vailing wages. The established rule as to the effect of a bidder's failure to acknowledge an amendment to ..n Invitation for bids is that when the amendment affects, in other than a trivial or negligible manner, the price, quality, quant!._ty or deliverr schedule of the procurement, the bidder's failure to acknowledge the amendment in compliance with the terms of the invitation or amendment cannot be waived. See Federal Procurement Regulations 5 1-2.405 (1964 ed. circ. 1). Where a bidder fails to acknowledge an amendment which modifies or adds a wage rate determination, the failure may not be waivked as a minor informality even though the bidder is paying the same or higher.wages under union labor agreements. This result is requit'ed because the Government's acceptance of a bid which does not contain an agreement to pay the appropriate Dwvis- Bacon wages does not bind the contractor/employer to pay I

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