About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-183681 1 (1975-08-20)

handle is hein.gao/gaobadcnv0001 and id is 1 raw text is: 




                             THE  COMPTROLLER GENERAL
DECISION         .      1t24. OF  THE    UNITED      STATES
                             WASHINGTON, D. C. 20548




FILE:    B-183681                  DATE:     August 20, 1975

MATTER OF:       Quinn Glass Company


DIGEST:

1.  Where vice president of firm handprinted name and title
    in Signature box on bid form, bid is acceptable as
    handprinted name is as acceptable as script written if
    intended as signature, which intent is evidenced by location
    of printing.

2.  Failure to acknowledge amendment which advised bidders that
    funds were not presently available for performance after
    June 30, 1975, and that Government's obligation beyond that
    date was contingent upon availability of funds may be waived
    as minor informality under ASPR § 2-405 because under
    General Requirements of IFB, Government was under no
    obligation to order any specified amount of work and, there-
    fore, amendment did not increase or decrease obligation of
    bidder or Government.


    Quinn  Class Company (Quinn) has protested to our Office the
award of a contract to Alert Glass, Inc. (Alert), under invitation
for bids (IFB) No. N62474-75-C4378 issued by the Western Division,
Naval Facilities Engineering Command.

     The bases of Quinn's protest are that (1) Alert failed to
acknowledge and return amendment 00001 to the IFB and (2) that
the bid of Alert was unsigned.

     Amendment 00001 added a new paragraph to the IFB advising
bidders that funds were not presently available for performance
under the contract after June 30, 1975, and that the Government's
obligation beyond that date was contingent upon the availability
of appropriated funds for the remainder of the contract period
(March 13, 1976).

     Section 2-405 of the Armed Services Procurement Regulation
(ASPR) (1974 ed.) provides that the failure of a bidder to acknowl-
edge receipt of an amendment may be.regarded as waivable or a cor-
rectable minor informality or irregularity in the bid when the


- 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most