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B-277554 1 (1997-09-22)

handle is hein.gao/gaocrptagcu0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: ACC Construction Co., Inc. File: B-277554 Date: September 22, 1997 Karl Dix, Jr., Esq., Smith, Currie & Hancock, for the protester. D. Lee Roberts, Jr., Esq., Long, Weinberg, Ansley & Wheeler, for Dawson Building Contractors, Inc., an intervenor. William A. Hough, Esq., Department of the Army, for the agency. Wm. David Hasfurther, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly rejected low bid as nonresponsive where bidder failed to acknowledge with its bid a material amendment to an invitation for bids that substantially increased the bidder's performance obligations for construction of a parking area and resolved an ambiguity as to the dimensions required for construction of a vehicle washrack. DECISION ACC Construction Co., Inc. protests the rejection of its low bid under a Department of the Army invitation for bids (IFB) No. DACA21-97-B-0012, issued for construction work at the United States Army Reserve Center, Ft. Bragg, North Carolina. ACC's bid was rejected as nonresponsive because it did not contain an acknowledgment of amendment No. 0005, which the agency considered material. ACC contends that the amendment was not material and that the failure to acknowledge it should be waived as a minor informality. We deny the protest. The IFB was issued on March 13, 1997. Bids were opened on May 13. ACC's low bid of $10,158,401 was rejected after it was found not to contain an acknowledgment of amendment No. 0005. The agency considered the amendment to be material in view of its effect on the legal obligations of the contracting parties and the estimated $155,614 in additional costs associated with the revisions contained in the amendment.

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