Do you think your company is up-to-date with computer technology? Are you ready to access bid documents from your CD-ROM, down load amendments from the internet and chat on-line with the contracting officer? If you answered no to any of these questions, you may have missed out on a recent Army Corps of Engineers solicitation and possibly more such opportunities in the future.

In Matter of NuWestern USA Constructors, Inc., Comp. Gen. No. B-275514 (Feb. 27, 1997), the Comptroller General upheld a solicitation by the Army Corps of Engineers which distributed contract documents exclusively in CD-ROM format. NuWestern, a small business entity, argued that the solicitation unduly restricted competition and discriminated against small businesses. The Comptroller General disagreed, opining that there are no requirements for agencies to issue paper copies of contract documents.

While providing only CD-ROM formats in the bidding process may in actuality discriminate against small businesses lacking the financial resources to invest in computer hardware, this change will actually save time and money. NuWestern reported that the CD-ROM format would cost between $22.97 and $29.74 for printing the solicitation. This is less than the $34.00 it would cost the government, a direct cost passed through to the contractor. Additionally, to assist contractors without the hardware to access the compact disk (CD), the Army Corps publicized a list of firms with such capabilities. Amendments are electronically done via the internet allowing the contractor to receive the new information almost simultaneous with its publication. It must be noted that lack of access did not deter 63 businesses, including 41 small businesses, from requesting the contract documents that NuWestern complained of.

Other agencies have also issued solicitations similar to that in NuWestern such as issuing diskettes or posting solicitations on the agency's electronic bulletin board. Furthermore, some agencies have required responses to also be in electronic or diskette format. Archiving this information will be less costly to the government then storing such information in paper format, and it will also be easier for the CO to keep track of all documents involved with any particular bid should problems later arise.

Additionally, electronic access to the Contracting Officer would allow more open lines of communication between the CO and prospective bidders should problems or questions arise. If done in a chat-room format, all prospective bidders could access any question / answers from others. With so many access providers on the market providing low cost plans, even the smallest of contractors would be able to afford to go on-line to retrieve information regarding their bid package.

The most significant impact of the NuWestern decision is it signals a vast change in the way construction companies will need to operate in the future. Lack of computer know-how is no longer an excuse to participation, and government agencies are mandating that construction companies come up-to-date with other industries in utilizing the vast array of hardware and software now available. Many construction companies, however, have remained in the dark ages by failing to adapt their administrative procedures to utilize the many software programs available or take advantage of on-line services, be it e-mail or internet access. To be competitive in the new millennium, construction companies, like companies in other industries, are going to have to rely more and more on computers.

While advances in computer technology may be helpful for bid distribution, contractors need to be weary of responding to bids via electronic means. In Matter of Ray McGinnis & Co., Inc., Comp. Gen. No. B-275988 (April 28, 1997), the Comptroller General ruled that a contractor was derelict in filing it's bid via fax. The transmission at issue took one minute and fifty five seconds to go through. It began two minutes before the scheduled bid opening. The agency clerk who received the fax followed procedures for recording receipt of the fax and sealing the bid. When it was delivered to the bid opening room three minutes late, the bid was rejected. McGinnis argued that agency procedures caused the bid to be late since the bid in fact did arrive at the agency before time expired. The Comptroller General, however, ruled that the contractor was responsible for the late delivery of the bid to the bid room, not the agency.

Thus, even though advances in information technology is evolving the bid process, there are still significant drawbacks to the contractor. On the other hand, contractors should not be dissuaded from utilizing these new advances which have the potential to save time, money and energy by increasing productivity and decreasing waste. As seen in NuWestern, the time has already come where contractors are unable to participate in bidding because the lack of computer resources able to accommodate CD-ROMs and e-mail / internet access. The savvy contractor will be the one well attuned to advances in computer technology and willing to access its many benefits. .