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B-286688 1 (2001-02-05)

handle is hein.gao/gaocrptammx0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Jackson Enterprises File: B-286688 Date: February 5, 2001 Henry Wall, Esq., Bruner, Powell, Robbins, Wall & Mullins, for the protester. Lt. Col. Richard B. O'Keeffe, Jr., and Joseph M. Zima, Esq., Department of the Army, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly rejected bid for failure to acknowledge amendment where amendment does not contain material information and does not alter bidders' legal obligations. DECISION Jackson Enterprises protests the rejection of its bid as nonresponsive under invitation for bids (IFB) No. DAKF40-00-B-0008, issued by the Department of the Army for the cleaning of grit chambers,' oil/water separators/interceptors, and holding tanks at various locations throughout Fort Bragg and Pope Air Force Base, North Carolina. Jackson's bid was rejected as nonresponsive because it did not contain an acknowledgment of amendment No. 0004, which the agency considered material. The protester contends that the amendment was not in fact material, and that its failure to acknowledge it should therefore have been waived as a minor informality. We sustain the protest. The IFB, which was issued on May 15, 2000, contemplated the award of a requirements contract for a 12-month base period and four 12-month option periods. The IFB requested unit prices (the unit being defined as a cleaning) for estimated 'A grit chamber is an apparatus designed to remove grit from liquids, typically petrochemicals or wastewater.

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