Skip to main content

[Protest of Rejection of Bid for Failure To Acknowledge Amendment]

B-212039 Published: Aug 15, 1983. Publicly Released: Aug 15, 1983.
Jump To:
Skip to Highlights

Highlights

A firm protested the rejection of its bid, submitted in response to a Department of State solicitation for shuttle bus service, as nonresponsive for failure to acknowledge an amendment. The protester contended that it had acknowledged the amendment, and it submitted to GAO a copy of the mailgram which it sent to State as an acknowledgment. GAO stated that, generally, failure to acknowledge a material amendment to a solicitation requires rejection of the bid as nonresponsive. The amendment in question was material, because it set forth significant new requirements not included in the original solicitation. Since the protester could not be bound to meet the new requirements without acknowledging the amendment, the bid was properly rejected as nonresponsive. GAO noted that, while it did appear that an acknowledgment mailgram was sent, it was not received by State, and the bidder bore the responsibility of ensuring that it arrived on time at the procuring agency. Accordingly, the protest was denied.

Office of Public Affairs