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B-190294 1 (1978-03-14)

handle is hein.gao/gaobadjab0001 and id is 1 raw text is: Li /f% (Vt. t~P L II ;--. THE-I COMPTIJCLLEfl GENERAL ECIBION . OF THE UNITED STATEN WASHINGTON. 0C. 20040 FILE: B-190294 DATE: March Il, 19'f8 MATTER OF: Empire Painting Company, Inc.-- Reconsideration DIGEST: 1. While protester states that it did not receive IFB amendment, record does not support conclusion that amendment was not sent where contracting officer states that IFB amendment o'as mailed in normal course of business to protaster. 2. Contracting officer is not required to give tele- phonic or telegraphic notice to bidders that an amendment has been maii-d to them. 4. Empire Painting Company, Inc. ('mpire) has requested reconsideration of our decision in E apire Painting Company, Inc., B-190294, January 11, 1978, 78-i CPO 23 , in which we denied its protest regarding its not receiving a material amendment to the solicitation. In that decision we held that Empire's nct receiving the maaerial amendment did not require cancellation or amendment of the solicitation. It did not appear from the record that the %lleged nonreceipt of the amendment was due to any deliberate attempt oh the part of the procuring personnel to exclude Empire from th. procure- ment and there was evidence that the contracting officer had complied with applicable regulations regarding noti- fying bidders of tha amendment. Empire a:_ges, in effect, that the evidence is insufficient to establish that the contrac:ing officer complied with Armed Services Prorurement Regulation (ASPR) § 2.208(a) (1977). Empire argues that the cir- cumstances establish the fact that no notic- was oven mailed to it. Additionally, Empire states -hat it was the contracting officer's responsibility under ASPR § 2.208 to give telephonic and telegraphic notice of amendment R-4. r--1--- £ V - I V Yi , t ; I

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