Failure To Acknowledge Davis-Bacon Act Wage Determination Addendum

A company protested a contract award, contending that the failure to acknowledge an amendment to the solicitation prior to bid opening rendered the low bid nonresponsive and it argued that the failure to acknowledge a wage determination addendum cannot be waived. The failure to acknowledge the addendum incorporating a Davis-Bacon Act wage determination rendered the low bid nonresponsive and the subsequent award was, therefore, improper. Failure to acknowledge a wage determination addendum cannot be waived as a minor informality; the contract should be terminated for the convenience of the government.