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B-278144.2 1 (1998-02-24)

handle is hein.gao/gaocrptahnc0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Precise Construction Management File: B-278144.2 Date: February 24, 1998 Steven E. Otto, Esq., Iillyer & Irwin, for the protester. Rudy Ledbetter for C.D.M. Construction, Inc., an intervenor. George N. Brezna, Esq., Paul V. Clay, Esq., Christopher Bellomy, Esq., and Ls B. Young, Esq., Department of the Navy, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST An agency properly waived as a minor informality a bidder's failure to acknowledge an amendment to a solicitation where the amendment is not material because it did not add any obligations or requirements, and a change in one requirement could have had no more than a negligible effect on price, quantity, quality, or delivery. DECISION Precise Construction Management protests an award to C.D.M. Construction, Inc. under invitation for bids (IFB) No. N63387-97-B-5354, issued by the Department of the Navy, Public Works Center, for the replacement of barracks doors at the Marine Corps Recruit Depot, San Diego, California. Precise Construction alleges that CDM's bid is nonresponsive. We deny the protest. The agency received 18 bids in response to the IFB. CDM's bid was the lowest at $295,236 and Precise Construction's bid was second lowest at $309,500. CDM's bid did not acknowledge amendment No. 0003 to the IFB.1 Precise Construction protested to our Office that CDM's bid was nonresponsive because the amendment was material. The agency determined that amendment No. 0003 was material and, on October 20, rejected CDM's bid as nonresponsive for failing to acknowledge the amendment. We therefore dismissed Precise 1CDM had submitted its bid prior to the distribution of amendment No. 0003. After bid opening, CDM advised the agency that it had faxed its acknowledgment of the amendment to the agency before bid opening. The agency's investigation found no evidence that agency had received such an acknowledgment.

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