B-153301, FEB. 24, 1964

B-153301: Feb 24, 1964

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GENERAL SERVICES ADMINISTRATION: REFERENCE IS MADE TO LETTER DATED FEBRUARY 6. BECAUSE OF THE INCOMPLETENESS OF THE SECONDARY EVIDENCE TO SUBSTANTIATE THE ALLEGATION THAT THE TELEGRAPHIC MODIFICATION WAS ACTUALLY SENT SUFFICIENTLY IN ADVANCE TO HAVE REACHED GSA BEFORE BID OPENING. WE HAVE NOTED THAT THE WAGE RATE DETERMINATION EXPIRED ON THE PROJECT IN QUESTION ON JANUARY 19. PRIOR TO THE TIME THE MATTER WAS BROUGHT TO THE ATTENTION OF OUR OFFICE. WE ARE ADVISED INFORMALLY THAT THE RATES UNDER A NEW WAGE DETERMINATION HAVE BEEN SUBSTANTIALLY INCREASED. NO ANSWER IS NECESSARY.

B-153301, FEB. 24, 1964

TO ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

REFERENCE IS MADE TO LETTER DATED FEBRUARY 6, 1964, FROM THE COMMISSIONER, PUBLIC BUILDINGS SERVICE, FURNISHING A REPORT CONCERNING THE PROTEST BY SMITH-S, INCORPORATED, DOTHAN, ALABAMA, AGAINST THE ACTION OF THE GENERAL SERVICES ADMINISTRATION, ATLANTA, GEORGIA, IN REFUSING TO CONSIDER ITS TELEGRAPHIC MODIFICATION SUBMITTED IN RESPONSE TO AN INVITATION COVERING PROJECT NO. DC4-3520/182-134, FOR MISCELLANEOUS WORK AT THE U.S. AGRICULTURAL AND POST OFFICE BUILDING, JASPER, FLORIDA.

IN ANSWERING THE PROTEST OF SMITH-S, INCORPORATED, AGAINST THE REFUSAL OF THE GENERAL SERVICES ADMINISTRATION IN ATLANTA, GEORGIA, TO CONSIDER SMITH'S TELEGRAPHIC MODIFICATION OF BID, THE REPORT OF FEBRUARY 6, 1964, FROM THE COMMISSIONER, PUBLIC BUILDINGS SERVICE, TO OUR OFFICE STATES AS FOLLOWS:

"BECAUSE THE ORIGINAL TELEGRAM HAS NEVER BEEN RECEIVED BY GSA, AND BECAUSE OF THE INCOMPLETENESS OF THE SECONDARY EVIDENCE TO SUBSTANTIATE THE ALLEGATION THAT THE TELEGRAPHIC MODIFICATION WAS ACTUALLY SENT SUFFICIENTLY IN ADVANCE TO HAVE REACHED GSA BEFORE BID OPENING, THE GSA REGIONAL OFFICE DETERMINED THAT THE ALLEGED TELEGRAPHIC MODIFICATION COULD NOT BE CONSIDERED IN MAKING THE AWARD. NO AWARD HAS BEEN MADE, PENDING A DECISION BY THE GENERAL ACCOUNTING OFFICE AS TO THE ALLEGED TELEGRAPHIC MODIFICATION OF THE BID OF SMITH S, INC.'

IN EXAMINING THE DOCUMENTS AND CORRESPONDENCE SUBMITTED WITH THE ADMINISTRATIVE REPORT IN THIS CASE, WE HAVE NOTED THAT THE WAGE RATE DETERMINATION EXPIRED ON THE PROJECT IN QUESTION ON JANUARY 19, 1964, PRIOR TO THE TIME THE MATTER WAS BROUGHT TO THE ATTENTION OF OUR OFFICE. ALSO, WE ARE ADVISED INFORMALLY THAT THE RATES UNDER A NEW WAGE DETERMINATION HAVE BEEN SUBSTANTIALLY INCREASED. THAT BEING THE CASE, THE QUESTION OF WHETHER OR NOT THE LATE BID MODIFICATION OF SMITH-S, INCORPORATED, MAY OR MAY NOT BE ACCEPTED BECOMES ACADEMIC, AND NO ANSWER IS NECESSARY. IN VIEW OF THE FACT THAT THE WAGE RATES EXPIRED ON JANUARY 19, 1964, ALL BIDS SHOULD BE REJECTED AND THE PROCUREMENT READVERTISED. SEE 41 COMP. GEN. 593.