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B-285730 1 (2000-09-20)

handle is hein.gao/gaocrptalec0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: John D. Lucas Printing Company File: B-285730 Date: September 20, 2000 Frederic G. Antoun, Jr., Esq., for the protester. Jennifer R. Fantuz, Esq., United States Government Printing Office, for the agency. C. Douglas McArthur, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Bidder's failure to acknowledge a material amendment to an invitation for bids, which resolved an ambiguity between the product description and the bid schedule, and which imposed an additional requirement on the contractor, renders the bid nonresponsive since absent such an acknowledgment the government's acceptance of the bid would not legally obligate the bidder to meet the government's needs as identified in the amendment. DECISION John D. Lucas Printing Company protests the award of a contract to News Printing Co., Inc., under invitation for bids (IFB) No. 466-378, issued by the United States Government Printing Office (GPO) for publications. Lucas contends that the awardee's bid was nonresponsive because News failed to acknowledge a material amendment to the solicitation. We sustain the protest. As originally issued, the solicitation contained specifications for publication of a pamphlet, entitled Medicare and You, for the Health Care Financing Administration (HCFA). HCFA must, by statute, inform Medicare beneficiaries of health insurance options by October 15 of each year; HCFA issues the pamphlet to meet this statutory mandate. 42 U.S.C. § 1395w-21 (Supp. IV 1998). Some versions of the pamphlet- items under the bid schedule-include a mail back post card.

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