Bid Rejected as Nonresponsive Due to Late Acknowledgment of Amendment

A company protested the rejection of its bid as nonresponsive because it failed to acknowledge an amendment in time for bid opening, stating that it discussed the amendment in a telephone conversation. The protest was denied because oral discussion is not a substitute for written acknowledgement; the amendment was considered late in the absence of evidence establishing time and place of receipt; the amendment may not be waived as a minor informality since it affects the legal relationship of the parties; GAO has no authority to direct withholding of an award pending a determination under the Walsh-Healey Act; and resolicitation is not required where there was a significant effort to obtain competition, the price will be reasonable, and there is no evidence of efforts to exclude a bidder.