[Protest of Any Contract Award Under Military Sealift Command IFB]

A firm protested any award of a Military Sealift Command contract, arguing that it did not respond to two solicitation amendments because it failed to receive them. GAO has held that the failure of a bidder to acknowledge a material amendment renders its bid nonresponsive and ineligible for award. Absent the contracting agency's deliberate attempt to exclude the bidder from competition, the bidder bears the risk of nonreceipt. Further, if adequate competition and reasonable prices for the contract are obtained, an award may be made regardless of the complaint. GAO held that, although the contracting agency erroneously failed to send the protester the amendment, it did not intend to prevent the protester from bidding. Therefore, the bid was nonresponsive. GAO also held that, since adequate competition and reasonable prices were obtained, the award was proper. Accordingly, the protest was dismissed.