B-156157, MAR. 29, 1965

B-156157, MAR. 29, 1965

TO MARGOLD ELECTRIC CO., INC.:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11, 1965, PROTESTING THE AWARD TO AETNA LIGHTNING PROTECTION OF CONTRACT NBY-58656 FOR CONSTRUCTION OF COUNTERPIECE AND HANDHOLES FOR RUNWAY AND TAXIWAY LIGHTING AT THE UNITED STATES NAVAL STATION, MAYPORT, FLORIDA.

YOU PROTESTED THE AWARD BECAUSE BEFORE THE OPENING OF THE BIDS THE CONTRACTOR FAILED TO ACKNOWLEDGE THE RECEIPT OF INVITATION FOR BIDS ADDENDUM 2 WHICH INCORPORATED CHANGES INCREASING THE MINIMUM WAGE RATES FOR CERTAIN WORK CLASSIFICATIONS.

WHEN YOU PROTESTED TO THE CONTRACTING OFFICE, YOU WERE ADVISED THAT THE FAILURE TO ACKNOWLEDGE THE ADDENDUM WAS NOT CONSIDERED SIGNIFICANT BECAUSE THE WAGE RATES WHICH WERE INCREASED DID NOT AFFECT CLASSIFICATIONS WHICH WOULD BE INVOLVED IN THE PROJECT AND THAT IF SUCH CLASSIFICATIONS WERE INVOLVED, THEY WERE AFFECTED IN A NEGLIGIBLE AMOUNT. HOWEVER, UPON OUR REQUEST THAT A SURVEY BE MADE TO ASCERTAIN THE ACTUAL AMOUNT BY WHICH A BID PRICE COULD BE AFFECTED BY THE INCREASE IN THE MINIMUM WAGE RATES, THE AGENCY ADVISED THAT THERE DEFINITELY WOULD NOT BE ANY MONETARY EFFECT BECAUSE NONE OF THE CLASSIFICATIONS WHICH HAD THE MINIMUM RATES INCREASED ARE INVOLVED IN THE WORK REQUIRED TO BE PERFORMED BY THE CONTRACT.

THE GENERAL RULE WITH RESPECT TO THE FAILURE TO ACKNOWLEDGE AN ADDENDUM IS THAT IF AN AMENDMENT TO THE INVITATION AFFECTS THE PRICE, QUANTITY OR QUALITY OF THE PROCUREMENT, FAILURE OF THE BIDDER TO ACKNOWLEDGE THAT AMENDMENT IN THE MANNER REQUIRED BY THE INVITATION OR AMENDMENT CANNOT BE WAIVED. 37 COMP. GEN. 785. HOWEVER, AS ADDENDUM 2 IN THE INSTANT CASE DOES NOT APPEAR TO AFFECT THE PRICE, QUANTITY OR QUALITY OF THE PROCUREMENT, WE WOULD NOT BE JUSTIFIED IN CONCLUDING THAT IT WAS IMPROPER FOR THE CONTRACTING OFFICE TO WAIVE THE ABSENCE OF ACKNOWLEDGMENT OF THE ADDENDUM AT THE TIME OF BID OPENING.