About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-186601 1 (1976-08-06)

handle is hein.gao/gaobadtgx0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OF-THE UNITED STATE'S W A S.H IN GTO N, 0. C. 20 5 4 8 FILE: B-186601 MATTER OF: Artisan Inc. DATE: August 6, 1976 DIGEST: Low bidder's failure to formally acknowledge receipt of amendment to solicitation postponing bid opening date.indefinitely is waivable as minor informality pursuant to ASPR § 2-405(iv)(B). Bidder's failure to formally acknowledge receipt of another amendment which inter alia established new bid opening date is waivable under ASPR § 2-405(iv)(A) since bid bore new bid opening date constituting constructive acknowledgment of receipt of otherwise material amendment. By letter dated May 20, 1976, Artisan Inc. (Artisan) protests the award of a contract to Adrian L. Merton, Inc. (Merton), undtr Naval Facilittie's: EngineeringCo-mand invitation for bids (IFB)No. N62477-75-B-0278 for mechanical modifications to Building 56, Naval-Observatory, Washington,, D.C. Artisan asserts that Merton's low bid should have been rejected as nonresponsive since Merton failed to formally acknowledge receipt of amendments 0002 and 0003 to the IFB. Amendment 0002 indefinitely postponed bid opening originally scheduled for February 18, 1976. Amendment 0003 revised the IFB Davis-Bacon Act minimum wage rates and the technical specifications, and established a new bid opening date of May 5, 1976. It is the Navy's view that Merton's failure to formally acknowledge amendment 0002 is a minor'informality which was properly waived pursuant to Armed Services Procurement Regulation (ASPR) § 2-405(iv)(B)(1975 ed.). With regard to amendment 0003, the Navy cites the May 5, 1976, date borne by Merton's bid as conclusive evidence that Merton, in fact, received the amendment or was aware of-its-contents. - 1 - DECISiON 300 g, tggpwgug A M!, -T

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most