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B-185182 1 (1976-02-11)

handle is hein.gao/gaobaddgo0001 and id is 1 raw text is: I 5, ~.THE COIMPTROLLER GEIMERAL DECISION OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-185182 DATE: February 11, 1976 MATTER OF: Spartan Oil Company, Inc. 9 f *o 3 DIGEST: 1. Bidder's failure to acknowledge amendment may not be waived, notwithstanding amendment had net effect of decreasing performance cost, because portion of amendment which increased cost $3,583 is not viewed as de minimus. 2. Failure to acknowledge material amendment to IFB, which was received and acknowledged by all other bidders, justifies rejection of bid even though bidder claims it was never received so long as there was no deliberate and conscious effort on part of agency to exclude bidder from competition. Also, allegation by bidder that it was aware of contents of amendment because of discussion at prebid conference and considered amiendment in preparing bid does not negate neces- sity for acknowledging amendment, since bid responsiveness must be determined from bid itself. On July 25, 1975, the Defense Fuel Supply Center issued invitation for bids (IFB) No. DSA600-76-B-0020 for the operation, maintenance and protection of the Defense Fuel Supply Point, Tampa, Florida. Three amendments were subsequently issued to the IFB and bids were opened on October 22, 1975. The low bid was received from Spartan Oil Company, Inc. (Spartan), in the amount of $8,075 per month. The second low bid of $8,348.07 was submitted by Roarda, Inc. At bid opening it was discovered that Spartan had not acknowledged or returned amendment 0001 to the IFB. The contracting officer rejected the bid as nonresponsive because the amendment was considered to be material. Spartan protested the rejection to our Office on October 23, 1975. On November 24, 1975, notwithstanding the pendency of the protest, award was made to Roarda based on a determination of urgency under section 2-407.8(b)(3) of the Armed Services Procurement Regulation (ASPR) (1975 ed.). - 1 -

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