Failure To Acknowledge Amendment Containing Wage Rate Determination

A company protested a determination that it was nonresponsive because it failed to acknowledge an amendment to the solicitation incorporating a higher minimum wage determination. The protester contended that it never received the amendment, but its failure to acknowledge receipt of the amendment may not be excused since there was no attempt by the agency to exclude it from competition. Failure of a bidder to acknowledge an amendment incorporating a wage rate determination renders a bid nonresponsive even though, as claimed, the bidder is paying higher wages than those found in the amendment.