Bid Failing To Acknowledge IFB Amendments Is Nonresponsive

The protester submitted a bid to install vinyl siding and storm windows on housing units at the Marine Corps Air Station at Cherry Point, North Carolina. Simultaneous bid openings were scheduled at both Cherry Point and Norfolk, Virginia. Only two bids were submitted, and both were received at Cherry Point. The protester's bid did not acknowledge receipt of an amendment to the solicitation which would have increased the cost. The record indicated that copies of the amendment were mailed from Norfolk to all parties on the bidder's list, but the protester failed to receive his copy. Personnel at Cherry Point stated that when the protester inquired about possible amendments, they directed him to check with Norfolk to make certain there were none. It was the opinion of GAO that the protester must bear the risk of not receiving the amendment, and the bid must be rejected as nonresponsive when the bidder failed to acknowledge the amendment. Since the amendment substantially increased the cost of the contract, it could not be waived. Finally, the protester offered to perform the work at the original bid price. This may not be allowed, however, because of the importance of maintaining the integrity of the competitive bidding system as it exists.