B-141188, DEC. 14, 1959

B-141188: Dec 14, 1959

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TO THE GRAY MANUFACTURING COMPANY: FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE REJECTION OF THE BID YOU SUBMITTED UNDER INVITATION IFB 600-615-60. YOUR LOW BID UNDER THE SUBJECT INVITATION WAS REJECTED BECAUSE IT DID NOT ACKNOWLEDGE AMENDMENT NO. 1 TO THE INVITATION WHICH. THAT IF YOU HAD BEEN CONTRACTED BEFORE REJECTION YOU WOULD HAVE EXECUTED IT WITHOUT ANY CHANGE IN PRICE. IT IS WELL ESTABLISHED THAT THE FAILURE OF A BIDDER TO CERTIFY THAT HE HAS RECEIVED ALL ADDENDA. SINCE THE ADDENDUM IN QUESTION WOULD HAVE A BEARING UPON THE COST OF CARRYING OUT THE WORK. THE DEVIATION WAS PROPERLY VIEWED BY THE CONTRACTING OFFICE AS ONE WHICH COULD NOT BE WAIVED AND WE SEE NO PROPER BASIS UPON WHICH WE MAY OBJECT TO THE ACTION TAKEN IN DISREGARDING YOUR BID.

B-141188, DEC. 14, 1959

TO THE GRAY MANUFACTURING COMPANY:

FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE REJECTION OF THE BID YOU SUBMITTED UNDER INVITATION IFB 600-615-60.

YOUR LOW BID UNDER THE SUBJECT INVITATION WAS REJECTED BECAUSE IT DID NOT ACKNOWLEDGE AMENDMENT NO. 1 TO THE INVITATION WHICH, BESIDES INCORPORATING SIX DRAWINGS INTO THE INVITATION, REQUIRED A MATERIAL CHANGE IN PARAGRAPH 3.2.12.2.4 OF THE SPECIFICATIONS WHICH THE CONTRACTING AGENCY DETERMINED SHOULD REQUIRE AN ESTIMATED $40 PER UNIT INCREASE IN COST. AMENDMENT NO. 1 WARNED BIDDERS THAT FAILURE TO ACKNOWLEDGE THE RECEIPT OF ITS PRIOR TO BID OPENING MIGHT RESULT IN REJECTION OF THE BID. YOU PROTEST BECAUSE YOU STATE THAT YOU NEVER RECEIVED AMENDMENT NO. 1, BUT THAT IF YOU HAD BEEN CONTRACTED BEFORE REJECTION YOU WOULD HAVE EXECUTED IT WITHOUT ANY CHANGE IN PRICE.

IT IS WELL ESTABLISHED THAT THE FAILURE OF A BIDDER TO CERTIFY THAT HE HAS RECEIVED ALL ADDENDA, EITHER BECAUSE HE HAS NOT RECEIVED THEM OR HAS OVERLOOKED THE REQUIRED ACKNOWLEDGEMENT, CANNOT BE WAIVED AS AN INFORMAL DEVIATION IF THE ADDENDA AFFECTS THE PRICE, QUANTITY OR QUALITY OF THE PRODUCT. 33 COMP, GEN. 508; B-116077, SEPTEMBER 11, 1953; B-123911, JULY 7, 1955; B-128645, SEPTEMBER 28, 1956; B-131796, JUNE 14, 1957; B-138327, MARCH 6, 1959; AND B-140412, SEPTEMBER 30, 1959.

SINCE THE ADDENDUM IN QUESTION WOULD HAVE A BEARING UPON THE COST OF CARRYING OUT THE WORK, THE DEVIATION WAS PROPERLY VIEWED BY THE CONTRACTING OFFICE AS ONE WHICH COULD NOT BE WAIVED AND WE SEE NO PROPER BASIS UPON WHICH WE MAY OBJECT TO THE ACTION TAKEN IN DISREGARDING YOUR BID.