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B-191070 1 (1978-11-13)

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COMPTROLLER
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W/ASHINGTON.


GENERA AL
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D.C.  2054i

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FILE:


E-19lO7O


MATTER   O:


DATE:  fovember 13,


1978


Columbus Services Interntional


DI3IM5T:


1.  Bidder's failure to acknowledge
    mny not be ex'6used on basis that
    receive amendment from agency pr
    opening where evidence does not
    deliberate attempt by agency to
    from competition.


IFS amendment
bidder  did not
ior to bid
indicate
exclude bidder


2.  Failure toacknowledqe'amenrlment containIng
    Service Contract Act'wage determiniation tenders
    bid nonresponsive since bidder is not obligated
    to pay prescribed rates notwithstardihg bidder
    may be aware of new rates prior to bid opening.

    Columbus  Services Vnternational, Division of
Servisco (Columbbs), protests  ,te award of a contract to
Reliance Electric Conipany, Haughton Elevator Division
(laughton), under invithtion for bids (IFf) 03C8087701,
i.sued by the.General'Services Acmihistration (GSA),
Washington, D.C.  The IFB called for elevator and
escalator maintei'&;ce services for the automatic equip-
ment located in LI., John Wesley Powell Building, Reston,
Virginia, for a period of 3 years from the date specified
in the notice to proceed.

     GSA contendsthht  Columbus' bid is nonrespcdnsive
for failuto to acknowledge receipt of Special Notice
No. 1 which amended the IFB by incorporating a revised
qnd higher minimum wage determination established by the
Fepartment of Labor'bursuant to the Service Contract
Act of 1965, as amended, 41 U.S.C. S 351; et seq. (1970).
Columbus c6ntends that it never received the Special
Notice and that its failuri. to acknowledge the notice
should not render its bid nonresponsive since Columbus
otherwise indicatd  its awareness of the accurate wage


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