B-163466, FEB. 14, 1968

B-163466, FEB. 14, 1968

BIDS - AMENDMENT, ETC. ACKNOWLEDGMENT DECISION TO ARCHITECT OF THE CAPITOL CONCERNING PROPRIETY OF AWARD FOR REPLACEMENT OF REVOLVING DOORS FOR OLD SENATE OFFICE BUILDING, TO LOW BIDDER, ADELPHI BUILDERS WHO DID NOT ACKNOWLEDGE ADDENDUM. A LOW BIDDER WHO DID NOT ACKNOWLEDGE AN ADDENDUM REQUIREING A SPECIFICATION CHANGE OF $29.80, OR LESS THAN ONE-HALF OF ONE-PERCENT OF LOW BID PRICE, WHICH WAS $597 LESS THAN SECOND LOW BID MAY HAVE THIS CONSIDERED AS HAVING A NEGLIGIBLE OR TRIVIAL EFFECT ON LOW BID PRICE, THEREFORE, THE FAILURE TO ACKNOWLEDGE MAY BE WAIVED AND AWARD MADE TO LOW BIDDER.

TO MR. STEWART:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 1, 1968, REQUESTING OUR DECISION WHETHER THE FAILURE OF THE LOW BIDDER TO ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 TO INVITATION FOR BIDS UNDER JOB NO. 6802 FOR THE REPLACEMENT OF REVOLVING DOORS AT THE OLD SENATE OFFICE BUILDING, WASHINGTON, D.C., ISSUED BY YOUR OFFICE ON JANUARY 2, 1968, MAY BE WAIVED AS AN INFORMALITY PURSUANT TO ARTICLE 11 OF THE BIDDING CONDITIONS.

PRIOR TO BID OPENING, ADDENDUM NO. 1 WAS ISSUED CHANGING DRAWING OSOB-6 DATED JANUARY 2, 1968, TO PROVIDE STANDARD (ALUMINUM) DOOR FRAMES (JAMBS AND HEADS) IN THE SIZE 1-3/4 INCHES X 4 INCHES IN LIEU OF THE SIZE SHOWN, 1-3/4 INCHES X 3 INCHES, IN ORDER TO ACCOMMODATE THE SPECIFIED PIXSON COMPANY'S CONCEALED OVERHEAD CLOSER, OR APPROVED EQUAL. THE ADDENDUM ADMONISHED BIDDERS TO ACKNOWLEDGE ITS RECEIPT ON THE BID FORM AND THAT FAILURE TO DO SO "MAY RESULT IN REJECTION OF THEIR BID.'

BIDS WERE OPENED, AS SCHEDULED, ON JANUARY 16, 1968, AND FOUR BIDS WERE RECEIVED RANGING IN PRICE FROM $6,288 TO $7,222. THE LOW BIDDER, ADELPHI BUILDERS, DID NOT ACKNOWLEDGE RECEIPT OF THE ADDENDUM AS REQUIRED. THE LOW BIDDER SUBSEQUENTLY ALLEGED, BY LETTER OF JANUARY 22, 1968, THAT ITS BID REFLECTED THE SPECIFICATION CHANGE MADE BY ADDENDUM NO. 1. TO SUPPORT THIS ALLEGATION, THE LOW BIDDER SUBMITTED A LETTER FROM ITS PROPOSED SUBCONTRACTOR HAWKINS GLASS COMPANY, INC., DATED JANUARY 19, 1968, WHICH IN TURN ENCLOSED A LETTER DATED JANUARY 18, 1968, FROM THE CUPPLES PRODUCTS CORPORATION, THE PROPOSED ULTIMATE SUPPLIER OF THE ITEM AFFECTED BY THE ADDENDUM. THESE LETTERS WERE SUPPLEMENTED BY LETTERS FROM THE SAME PARTIES DATED JANUARY 24 AND 25, 1968, RESPECTIVELY. THE EFFECT OF THE LETTERS IS TO ESTABLISH THAT THE QUOTATION OF THE PROPOSED ULTIMATE SUPPLIER, WHO HAD RECEIVED A COPY OF THE INVITATION AS A PROSPECTIVE BIDDER, REFLECTED THE SPECIFICATION CHANGE MADE BY THE ADDENDUM, AND THAT SUCH CHANGE REQUIRED THE ADDITION OF $29.80 TO ITS QUOTATION MADE TO HAWKINS GLASS.

THE DIFFERENCE BETWEEN THE LOW BID AND THE SECOND LOW BID AMOUNTS TO $597 AND, AS ESTABLISHED ABOVE, THE ADDITIONAL COST ATTRIBUTABLE TO THE ADDENDUM IS $29.80, OR LESS THAN ONE-HALF OF ONE PERCENT OF THE LOW BID PRICE. WE THEREFORE AGREE WITH YOUR CONCLUSION THAT THE ADDENDUM HAD BUT NEGLIGIBLE OR TRIVIAL EFFECT ON THE LOW BID PRICE. IN THESE CIRCUMSTANCES, THE FAILURE OF THE LOW BIDDER TO ACKNOWLEDGE RECEIPT OF THE ADDENDUM PROPERLY MAY BE WAIVED AS AN INFORMALITY PURSUANT TO ARTICLE 11 OF THE BIDDING CONDITIONS. SEE 45 COMP. GEN. 604; 44 ID. 753; 41 ID. 631.