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B-195323.2 1 (1979-11-09)

handle is hein.gao/gaobabjgf0001 and id is 1 raw text is: h k% COMPTROLLER GENERAL OF TI'T UNITED STATES .c .T\ ... ,WASUINGTON, DC.o 10948 fl % L _ j t ttik o B-195323,2 1November 9, 1979 The lloporAble Claiborne Pell United States Senate- Dear Senator Pell: ,Yn your letter cf.October 3, 1979, you requested our comments on a letter of the same date frbn H. Alan Frank, President of Union Industrien, Inc. (Union;. Mr. Frank asks whether the Department of Agricultur-e has the right to reject Union's low bid for polyethylene baijs because of Union's failure to acknowledge a solici- tation amendment which it never received, Mr. Frank states the amendment was similar to one issued for the same tequire- ment last year when the estimated quantity of one item in t he solicitation was decreased by approximately 90 percnt. He contends the change this year is meaningless because'I the agency has the option of ordering any quantity of bags under its requirements contract regardless of the estimate, The general rule is that the procuring agency is not 4> an insurer of delivery of bidding documents to prospective bidders. 52 Comp. Gen. 281 (1972). Thus, we have held that the bidder bears the risk of not receiving an amend- ment to the solicitation where the agency has complied with all regulations. regarding timely mailing of the amendments. EmpirePaintinq0co 1pa y, Inc., B-190294, January 11, 1978, 78-1 CPD 237 General Aero Products Corporation, B--191870, July 25, 1978, 78-2 CPD 70-. Also, as a general rule, if a bidder fails to receive and acknowledge an amendment, the bid must be rejected as nonresponsive. Porter Contracting Company, 55 Comp. Gen. 615 (1976), 76-1 CPD 2s. The procuring agency may waive as a minor informality the Eailur&eof a bidder to acknowledge receipt of an arendmen\to a solicitation only when the bid received clearly indicates the bidder received the amendment or when thG amendment involves a matter of form or is one which hasleither no effect or merely a trivial or negligible effect on price, quantity, quality, or delivepry of the Item bid upon. Federal Procurement Regulations § 1-2.405.

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