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[Request for Advance Decision on Protests Filed Under a Bureau of Reclamation IFB]

B-217303 Published: Jan 11, 1985. Publicly Released: Jan 11, 1985.
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Highlights

An advance decision was requested concerning a protest filed under an invitation for bids (IFB) issued by the Bureau of Reclamation for dam construction. After the second low bidder contended that the apparent low bid should be rejected as nonresponsive, the Department of the Interior asked whether a failure to acknowledge amendments to an IFB required bid rejection. The first unacknowledged amendment revised the solicitation's minimum wage rate determination. GAO held that the total amount of benefits involved in the amendment was minimal, given the low bid price, and that the second low bidder would not be prejudiced by a late acknowledgment of the amendment. Therefore, the low bidder's failure to acknowledge the amendment could be treated as a minor informality and correction could be permitted after bid opening. The second unacknowledged amendment involved the performance time period required by the solicitation, which the protester contended was material because it could affect the bid prices. GAO agreed with both the agency and the low bidder that this amendment imposed no different legal obligations on the bidders from those imposed by the original IFB because the low bidder had legally obligated itself to perform the work at its offered price within a specified contract period, irrespective of possible delays. Therefore, failure to acknowledge this amendment could be waived as immaterial. Finally, GAO held that failure to respond to the additional language of an amendment pertaining to the proposed soil quality to be used was not material since the amendment merely reiterated the requirements set forth in the solicitation. Accordingly, GAO held that the agency would be legally correct in awarding the contract to the low bidder.

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Bid modificationsBid protestsBid responsivenessContract costsMinimum wage ratesSolicitation modificationsSolicitationsConstructionBid evaluation protestsProtestsMinimum wageBiddersBidsIntellectual property rightsFederal acquisition regulations