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B-188144 1 (1977-11-08)

handle is hein.gao/gaobadfhj0001 and id is 1 raw text is: flith haker ./~ Pro.nI THU OOMPTROLLER SENERAL DECISION W AS- *UONI0. CmUArms . 4w^eMIP4eroN. 0. C.*aeV0e0 FILE,* 5-1g7970 MATTER OF: P DATE: JgMrv 2Th 1 . J. Gear a Son, Inc. DIGEST: 1. Protest to GAO of contract award is untimely where filed more than 10 working days after protester's receipt of notification of denial of protest to agency. 2. Untiwely protest to GAO may not be considered under good cauee exceptiou where protester, alleged*y following procuring agency's advice, protests wage rate addendum to Department of Labor but fails to pursue with GAO question of unacunowledged amendment's materiality which would have remained unresolved irrespective of action by Department of Labor. P. J. Gear & Son, Inc. (Gear) protests the award of a contract under Invitation for Bids No. 1900-1428, issued by the National Park Service (Park Service), Department of the Interior. By letter of September 30, 1976, the Park Service notified Gear that its bid had been found nonreuponsive due to Gear's failure to acknowledge receipt of Addendum No. 1 to the'solicitation, dated September 9, 1976. Gear appealed to the Park Service, by letter of October 5, .1976, on7the grounds that it was unnecessary for Gear to acknowl- edge the amendment, which contained changes in the wage raten specified in the solicitation. Gear contends that since Article 10 of the Davis-Bacon Act requires contrac- tors to keep apprised of wage rates, the amendment updatiag applicable wage rates was voluntary information on the part of the Park Service and not critical to the bidder. By letter of October 12, 1976, the Park Service denied Gear's protest and pointed out that the amendment was material since, without Gear's acknowledgement of the amendment specifying wage rates, Gear would not be bound . ~-1 - fd% SD 4, '*1 I.....- -j 4

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