B-194190, JUL 6, 1979

B-194190, JUL 6, 1979

DIGEST: BID WHICH FAILS TO ACKNOWLEDGE ADDENDUM HAVING SIGNIFICANT EFFECT ON PRICE CANNOT BE WAIVED AS MINOR INFORMALITY OR IRREGULARITY AND IS PROPERLY FOR REJECTION AS NONRESPONSIVE.

DECOR MAINTENANCE COMPANY, INC.:

DECOR MAINTENANCE COMPANY, INC. (DECOR), HAS PROTESTED THE AWARD OF A 1- YEAR CONTRACT FOR THE FURNISHING OF CUSTODIAL CLEANING SERVICES AT THE DENVER FEDERAL CENTER TO YOUNG JANITORIAL SERVICES OF COLORADO SPRINGS, INC. (YOUNG), UNDER INVITATION FOR BIDS (IFB) NO. 79-09-012, ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA).

DECOR SUBMITTED THE LOW BID. HOWEVER, DECOR'S BID WAS REJECTED AS NONRESPONSIVE FOR FAILURE (1) TO INCLUDE THE BID GUARANTEE REQUIRED BY THE SOLICITATION AND (2) TO ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1. AWARD WAS MADE TO YOUNG, THE SECOND LOW BIDDER.

DECOR CONTENDS THAT IT COMPLIED WITH THE BID GUARANTEE REQUIREMENT. EVEN IF WE ACCEPT DECOR'S CONTENTION, ITS BID WAS PROPERLY REJECTED AS NONRESPONSIVE, SINCE DECOR FAILED TO ACKNOWLEDGE RECEIPT OF THE ADDENDUM. THUS, WE DO NOT ADDRESS THE BID BOND ISSUE.

THE ADDENDUM ADDED 2,945 SQUARE FEET PLUS SEVEN OFFICES TO THE AREA TO BE CLEANED. GSA HAS STATED THAT THE ADDENDUM WOULD HAVE MORE THAN A MINIMAL EFFECT ON THE COST OF PERFORMANCE. DECOR DOES NOT DISAGREE WITH THE GSA STATEMENT.

A BID WHICH FAILS TO ACKNOWLEDGE AN ADDENDUM HAVING A SIGNIFICANT EFFECT ON PRICE CANNOT BE WAIVED AS A MINOR INFORMALITY OR IRREGULARITY AND IS PROPERLY FOR REJECTION AS NONRESPONSIVE. CENTRAL DELIVERY SERVICE, B-186413, AUGUST 4, 1976, 76-2 CPD 125.

ACCORDINGLY, THE PROTEST IS DENIED.