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B-287480 1 (2001-06-25)

handle is hein.gao/gaocrptampw0001 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: Lumus Construction, Inc. File: B-287480 Date: June 25, 2001 Lewis R. Lear, Esq., City, Hayes, Meagher & Dissette, for the protester. Wilson J. Campbell, Esq., Naval Facilities Engineering Command, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of award on basis that awardee failed to acknowledge solicitation amendment is denied where amendment provisions cited by protester merely clarified existing solicitation terms, and where any price difference attributable to those provisions is negligible; failure to acknowledge an amendment that is not material may be waived as a minor informality. DECISION Lumus Construction, Inc. protests the award of a contract to S&S Mechanical Contractors under invitation for bids (IFB) No. N62472-00-B-7515, issued by the Department of the Navy for the replacement of a heating system at Portsmouth Naval Shipyard in Kittery, Maine. The protester contends that S&S's bid should have been rejected as nonresponsive because S&S failed to acknowledge an amendment to the solicitation. We deny the protest. The IFB, issued on August 22, 2000, was amended twice. Amendment No. 1 provided answers to bidders' questions and extended the bid opening date; amendment No. 2 further extended the opening date. Five bids were received at bid opening on October 12. S&S submitted the low bid of $269,500; Lumus's bid of $308,500 was second low. The S&S bid failed to acknowledge amendment No. 1. The agency determined that amendment No. 1 was not material and that S&S's failure to acknowledge it thus could be waived as a

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