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B-183549 1 (1975-07-02)

handle is hein.gao/gaobadcqq0001 and id is 1 raw text is: LV, THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 2O548 tITIV FILE: B-183549 DATE: July 2, 1975 MATTER OF: Mike Cooke Reforestation DIGEST: Low bid which failed to acknowledge amendment to invita- tion for bids which made revision in method of payment was properly rejected as nonresponsive since amendment affected contract price and is, therefore, material and not subject to waiver. Furthermore, since agency states that copy of amendment was timely mailed to all bidders, protesting bidder's failure to receive and acknowledge amendment cannot be viewed as result of conscious and deliberate effort to exclude bidder from competition. On January 13, 1975, the United States Forest Service, Deschutes National Forest, Bend,-Oregon, issued invitation for bids (IFB) No. R6-1-75-26 for auger tree planting in various areas within the Fort Rock Ranger District. Amendment No. 1 to the IFB was issued on February 4, 1975, and deleted section 430, Method of Payment paragraph in the IFB and substituted a new paragraph therein. Mike Cooke Reforestation (Cooke) was the low bidder under the IFB but its bid was rejected for failure to acknowledge and return the above amendment. Cooke protested this rejection to the con- tracting officef contending that (1) it had not received the amend- ment, and (2) that the amendment did not materially affect the IFB. Following a denial of the protest by the contracting officer, the matter was presented to our Office for decision. Addressing first the failure of Cooke to receive the amendment, generally, if a bidder does not receive and acknowledge a material amendment to an IFB and such failure is not the result of a con- scious and deliberate effort to exclude the bidder from participating in the competition, the bid must be rejected as nonresponsive. 40 Comp. Gen. 126, 128 (1960). In its report regarding the protest, the contracting officer states that the amendment was .mailed to all - 1 -

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