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B-191648 1 (1978-07-14)

handle is hein.gao/gaobadgff0001 and id is 1 raw text is: i I - I / 0~) -0 ~&2' 74%Jatm*%Z.r' qW'%it5:T E THECCMPTROLLKR UENURAL . OF THE UNITED STATUE WAUHINQTON, 0.e. 2054 #iT.. DATE: July 11, Corporation 1978 FILE: B-191648 MArTER OF: Aqua-Trol DIGEBT; 1. Oral discussion of an amendmen la not a substitute for writte edgement. 2. Amendment which may have been agency in time for bid opening was not .n office designated a is late in absence of evidence time and place of receirti. t to a bid n acknowl- received by but which t proper time establishing 3. Amendment changing economic adjustment clause may not be waived as a minor informality be- cause it affects the legal :elationship of the parties.. 4. GAO has no officer to tion under authority to direct a contracting withhold award pending a determina- the Walsh-Healey Act. 5. GAO will not require a procurement to be reso- licited where significrt effort to obtain com- petition was made, award will be made at a reasonable price and there is no evidence that the contracting officer made a conscious and deliberate effort to exclude a bidder. Aqua-Trol protests the rejection of its bid by the Defense Construction Supply Center (DCSC) as non- responsive because it failed to acknowledge an amend- ment in time for bid opening. DLA 700-78-B-0630 was an advertised solicitation issued on February 6, 1978 requesting.bids to supply garden hose nozzles, On March 6, 1978 amendment 0001 was issued at the suggestion of Aqua-Trol to add art I N i 7o DECISION I I I I /5000

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