Protest Alleging Awardee's Bid Was Nonresponsive

An amendment to plans and specifications was bound within an invitation for bids (IFB) issued by the Department of Labor (DOL) for construction and remodeling work, and two other addendums were later issued. The protester contended that the low bidder failed to acknowledge the amendments and, therefore, the bid should have been rejected as nonresponsive. The protest was denied. The amendment bound with the IFB package expressly provided for incorporation of changes in the IFB specifications and was therefore part of the IFB, and the bidder's response bound him to perform the contract in accordance with the amended specifications. The low bid was submitted on the revised bid form that was attached to the second amendment, which provided for a 60-day bid acceptance period. This constituted constructive acknowledgment of the amendment binding the bidder to perform all changes in the amendment, including the new requirement for 10-gage metal studs that were nearly double the weight of the studs originally specified. The low bidder's failure to acknowledge formally the third amendment giving bidders certain options was properly waived by DOL as a minor informality or irregularity in the bid. Finally, the low bidder's failure to submit with the bid the form showing his certifications did not render the bid nonresponsive, since this information may be supplied after bid opening.