Failure to Acknowledge Solicitation Amendment

The protester objected to the rejection of their bid as nonresponsive. The failure of the bidder to acknowledge a solicitation amendment increasing the minimum wage rates rendered the bid nonresponsive since the failure was a material deviation and not subject to waiver. Acceptance of the bid in the form it existed at the time of bid opening would not have resulted in a contract containing a statement of the minimum wage rates to be paid as required by the Davis-Bacon Act.