BNUMBER: B-272612
DATE: October 23, 1996
TITLE: Knightsbridge Construction Corp.
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Matter of:Knightsbridge Construction Corp.
File: B-272612
Date:October 23, 1996
Joel S. Rubinstein, Esq., Bell, Boyd & Lloyd, for the protester.
Col. Nicholas P. Retson, Department of the Army, for the agency.
Wm. David Hasfurther, Esq., and Michael R. Golden, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Where only one amendment was issued to a solicitation, a bidder's use
of an "X" instead of the number and issuance date of that amendment in
completing the block provided for the acknowledgment of amendments on
Standard Form 1442 does not render the bid nonresponsive under
circumstances where the "X" represents the bidder's clear intent to be
bound to the amendment.
DECISION
Knightsbridge Construction Corp., the second low bidder, protests the
proposed award to Castle Electromechanical Inc. under invitation for
bids (IFB) No. DAHA30-96-B-0005, issued by the United States Property
and Fiscal Office-New York, to obtain fire suppression and detection
systems for a New York Air National Guard unit. Knightsbridge
contends that Castle's bid should have been rejected because the
bidder failed to acknowledge the one amendment to the IFB.
We deny the protest.
Bidders were required by the IFB to acknowledge all IFB amendments in
block 19 of Standard Form 1442, Solicitation, Offer and Award. In
completing block 19, a bidder was to insert in the top row of boxes in
the block the number of each amendment and in the lower row of boxes
the issuance date of each amendment. The name of the person
authorized to sign the bid, that person's signature, and the date the
bid was submitted were to be inserted in blocks 20(A), (B), and (C),
respectively. These blocks were located directly below block 19.
According to the Army, due to a paper jam when printing this form,
Castle received a page containing only the right half of the form. As
submitted, the page contained only the right half of block 19 and the
entire blocks 20(B) and (C). Castle, in completing this portion of
the page, did not list the number and issuance date of amendment No.
l; rather, it placed an "X" in the first box above the signature block
(block 20(B)) and an "X" in the first box above the offer date block
(block 20(C)). Blocks 20B and 20C contained the bidder's signature
and bid offer date. The agency concluded that because only one
amendment was issued, Castle's insertion of the "X" in the block for
acknowledgment of amendments and its bidding official's signature was
sufficient to show acknowledgment of the amendment. We agree.
Although bidders were called upon to acknowledge amendments by
inserting the amendment number on the top line and its date on the
bottom line of block 19, we have recognized that bidders can
effectively acknowledge amendments in ways other than that envisioned
by the IFB. See, e.g., S&D Mechanical Contractors, B-209535, Apr. 15,
1983, 83-1 CPD para. 411; Nuclear Research Corp.; Ridgeway Elecs., Inc.,
B-200793; B-200793.2, June 2, 1981, 81-1 CPD para. 437; B. R. Abbot
Constr. Co.,
B-186263, May 26, 1976, 76-1 CPD para. 344. The operative concern simply
is whether a bid can reasonably be read as taking exception to any
material government requirements, including those imposed by IFB
amendments. Nuclear Research Corp.; Ridgeway Elecs., Inc., supra.
Here, we think there can be no reasonable doubt concerning Castle's
commitment to the IFB as amended. As stated above, the left side of
block 19, containing the "Amendment No." and "Date" captions for the
two rows of boxes in which this information was to be inserted, was
missing from Castle's copy the IFB. While Castle could have entered
the amendment number and date in the rows of boxes making up the right
side of block 19, in these circumstances we perceive no reasonable
meaning, and the protester has postulated none, for the "X's" that the
awardee did insert in the boxes in the acknowledgment of amendments
block other than the awardee's acknowledgment of the single amendment
that was issued. Accordingly, we see no basis for objecting to the
proposed award to Castle.
The protest is denied.
Comptroller General
of the United States