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

B-190975 1 (1978-05-02)

handle is hein.gao/gaobadfzg0001 and id is 1 raw text is: 
PILE: B-190975


DATE:  May 2, 1978


MATTER   OF   Industrial Maintenance Snrvices, Inc.


DIGEST:
      Failure of bidder to timely acknowledge
      receipt of IFD amendment which merely
      clarified, but did not alter work require-
      ments set out in solicitation, may be
      waived as minor informality, since bidder,
      upon acceptance of bid, would be legally
      bound to perform all work specified by
      solicitation notwithstanding failure to
      acknowledge amendment.

      Industrial Maintenance Services, Inc.
 (Industrial) protests'the prospective awcrd of
 a contract to Chavuz Pood Service, Inc. (Chavez)
 under invitation for bids (IFB) F08637-78-B-0004,
 issued by Tyndall Air Force Base, Florida to pro-
 vide food attendant services at the base.

      Chavez was the fifth low bidder and Industrial
 the seventh low bidder. The bids of the first
 through fourth low bidders, as we]1 as that of the
 sixth low bidder, were disqualifi.d for various
 reasons, leaving Chavez and Industrial as the low
 and second low eligible bidders, respectively.

       Industrial contends that Chavez' bid must
 be rejected as nonresponsive for its failure to
 acknowledge, prior to bid opening, the sixth and
 seventh amendments to the IFB (P006 and P007).
 (The Chavez bid had been submitted prior to issuance
 of the amendments; Chavez, upon receipt of the amend-
 ments, sent an acknowledgment of them by mail, which
 was received by the procuring activity the day after
 bid opening.)

       Amendment P006 merely stated that bid opening
-date was extended indefinitely.

       Amendment P007, the major source of contention,
.stated:
                                                N,


I


                        I HE COMPTROLLERs   UNNERAL
DECISION .                   THE   UNITED STATES
                        WASHINGTON, D.C. 90546

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