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B-271072 1 (1996-06-12)

handle is hein.gao/gaocrptaecs0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Innovative Refrigeration Concepts File: B-271072 Date: June 12, 1996 Sam Zalman Gdanski, Esq., for the protester. David H. Brujes, Esq., Department of the Treasury, for the agency. Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly rejected low bid for 600-ton chillers as nonresponsive for failing to acknowledge an amendment that corrected an obvious error in the entry water temperature parameter under which the chillers would be operated; the amendment was not material because it did not affect the protester's obligation to supply 600-ton chillers in accordance with the solicitation's requirements. DECISION Innovative Refrigeration Concepts (IRC) protests the rejection of its bid as nonresponsive under invitation for bids (IFB) No. FTC-96-11, issued by the Department of the Treasury, Federal Law Enforcement Training Center (FLETC), Glynco, Georgia, for two 600-ton chillers. The agency rejected the bid because IRC failed to acknowledge amendment Nos. 0002 and 0003. IRC contends that the amendments were not material. We sustain the protest. The IFB schedule required a bid for two 600-ton chillers and one 1,300-ton cooling tower.1 Amendment No. 0001 was issued to incorporate certain drawings and technical specifications omitted from the original IFB package. Among other things, the information sheet in the amendment included operating parameters for the evaporators on the 600-ton chillers. The stated operating parameters were entry water temperature of 57 degrees Fahrenheit (F), leaving water temperature of 42 degrees F, and flow rate of 1,150 gallons per minute (GPM). Amendment No. 0002 was subsequently issued, and contained the following question and answer: 1The agency did not award the item for the 1,300-ton cooling tower. 518612

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