Bidder's Acknowledgment of Amendment to Solicitation

The protester objected to the agency's determination that its bid was nonresponsive for failure to acknowledge an amendment which revised the applicable minimum wage determination. The failure to acknowledge the amendment was not a minor informality which could be waived since acceptance of the bid submitted would not have resulted in a contract requiring the contractor to pay the established Service Contract Act rates. Where the protester erroneously submitted an amendment in the name of an affiliate and the president of the affiliate signed the amendment, the amendment was properly not considered as an amendment submitted by the protester, and the contracting officer was not on notice that the bidder had made a mistake and was under no obligation to ensure proper acknowledgment by the protester. The mistake made in the manner the amendment was acknowledged may not be corrected after bid opening since a nonresponsive bid cannot be made responsive by correction of a mistake by the bidder.