B-146537, AUG. 17, 1961

B-146537: Aug 17, 1961

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UNITED STATES ATOMIC ENERGY COMMISSION: REFERENCE IS MADE TO YOUR LETTER OF JULY 26. THE RECORD DISCLOSES THAT THE SUBJECT INVITATION WAS AMENDED BY THE ISSUANCE OF ADDENDUM NO. 1. BIDDERS WERE INFORMED BY A NOTICE WHICH ACCOMPANIED THE SAID AMENDMENT THAT IT WOULD BE NECESSARY TO ACKNOWLEDGE RECEIPT OF THE ADDENDUM IN ORDER TO RENDER THEIR BIDS ACCEPTABLE. IT IS ALSO APPARENT THAT THE OTHER REQUIREMENTS SET FORTH IN THE MODIFICATION AFFECTED THE SCOPE OF THE WORK AND CONSEQUENTLY THE PRICE THEREOF. FOR THAT REASON THERE IS FOR APPLICATION HERE THE GENERAL RULE ENUNCIATED IN THE DECISION OF MAY 22. IT IS SUGGESTED THAT IN FUTURE REQUESTS FOR DECISIONS YOUR SUBMISSIONS BE COMPLETELY DOCUMENTED SO THAT OUR CONSIDERATION OF THESE MATTERS WILL NOT BE UNDULY DELAYED.

B-146537, AUG. 17, 1961

TO CONTRACTING OFFICER, UNITED STATES ATOMIC ENERGY COMMISSION:

REFERENCE IS MADE TO YOUR LETTER OF JULY 26, 1961, WITH ENCLOSURES, FILE REFERENCE CC:CBR, SUBMITTING FOR OUR CONSIDERATION AND DECISION THE QUESTION WHETHER THERE MAY BE CONSIDERED THE BID OF CLAYBURN CONTRACTING CORPORATION SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. AE-61-SCH- 515, DATED JUNE 20, 1961.

THE RECORD DISCLOSES THAT THE SUBJECT INVITATION WAS AMENDED BY THE ISSUANCE OF ADDENDUM NO. 1, DATED JUNE 30, 1961, WHICH INCREASED THE WORK COVERED BY THE ORIGINAL SOLICITATION TO THE EXTENT OF AT LEAST $400 IN COST, AS EVIDENCED BY THE ABOVE-NAMED BIDDER'S LETTER OF JULY 20, 1961. BIDDERS WERE INFORMED BY A NOTICE WHICH ACCOMPANIED THE SAID AMENDMENT THAT IT WOULD BE NECESSARY TO ACKNOWLEDGE RECEIPT OF THE ADDENDUM IN ORDER TO RENDER THEIR BIDS ACCEPTABLE. THROUGH ALLEGED INADVERTENCE, CLAYBURN CONTRACTING CORPORATION, THE LOW BIDDER, FAILED TO COMPLETE THE BID FORM, WHICH IT EXECUTED ON JULY 10, 1961, RELATING TO THE RECEIPT OF ANY ADDENDA, OR TO OTHERWISE ACKNOWLEDGE HAVING RECEIVED AND CONSIDERED THE MODIFICATION TO THE SUBJECT INVITATION.

WHILE IT MAY BE TRUE, AS YOU SUGGEST, THAT THE AMENDMENT CONTAINED CERTAIN CLARIFICATIONS RELATING TO THE TECHNICAL PROVISIONS MADE A PART OF THE ORIGINAL INVITATION, IT IS ALSO APPARENT THAT THE OTHER REQUIREMENTS SET FORTH IN THE MODIFICATION AFFECTED THE SCOPE OF THE WORK AND CONSEQUENTLY THE PRICE THEREOF, AS STATED BY THE LOW BIDDER. FOR THAT REASON THERE IS FOR APPLICATION HERE THE GENERAL RULE ENUNCIATED IN THE DECISION OF MAY 22, 1958, 37 COMP. GEN. 785, THAT FAILURE OF A BIDDER TO ACKNOWLEDGE IN THE MANNER REQUIRED BY AN INVITATION AN AMENDMENT WHICH AFFECTS THE PRICE, QUANTITY OR QUALITY OF THE SUPPLIES OR SERVICES, CANNOT BE WAIVED. ALSO SEE 40 COMP. GEN. 126. ACCORDINGLY, THE BID OF CLAYBURN CONTRACTING CORPORATION SHOULD BE DISREGARDED IN MAKING AWARD OF A CONTRACT FOR THE INVOLVED WORK.

WHILE A COPY OF ALL OF THE BID INVITATION FORMS, SPECIAL CONDITIONS AND SPECIFICATIONS COMPRISING THE INSTANT SOLICITATION HAPPENED NOT TO BE NECESSARY FOR A PROPER DISPOSITION OF THIS CASE, IT IS SUGGESTED THAT IN FUTURE REQUESTS FOR DECISIONS YOUR SUBMISSIONS BE COMPLETELY DOCUMENTED SO THAT OUR CONSIDERATION OF THESE MATTERS WILL NOT BE UNDULY DELAYED.