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![handle is hein.gao/gaocrptafsu0001 and id is 1 raw text is:
oComptroller General
of the United States
Washington, D.C. 20548
Decision
Matter of: Schuster Engineering, Inc.
File: B-275044
Date: January 17, 1997
Alan M. Grayson, Esq., and Victor A. Kubli, Esq., Alan M. Grayson and Associates,
for the protester.
Col. Nicholas P. Retson, and Lt. Col. David S. Franke, Department of the Army, for
the agency.
Robert Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Agency improperly rejected protester's low bid for failure to acknowledge an
amendment that only relaxed performance requirements.
DECISION
Schuster Engineering, Inc. protests the rejection of its low bid under invitation for
bids (IFB) No. DABT23-96-B-0061, issued by the Department of the Army for
replacement windows in military housing units at Fort Knox, Kentucky. The
protester asserts that the contracting officer improperly rejected Schuster's low bid
for failing to acknowledge an immaterial solicitation amendment.
We sustain the protest.
The IFB was issued on August 23, 1996. Section 8A of the specification read in
pertinent part:
Window units shall meet ... performance requirements as
specified in NWWDA I.S.2 [National Wood Window and Door
Association Standard I.S.2]. Windows shall be Grade 60.
In response to a September 13 letter from a potential supplier concerning
section 8A of the specification, the Army decided that the referenced standard and
the associated Grade 60 were obsolete. As a result, on September 17, the agency
issued amendment No. 0002, which is the subject of this protest, amending
section 8A as follows:
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