[Protests of Army Corps of Engineers Responsiveness Findings]
Highlights
A firm protested a Corps of Engineers determination that a potential awardee's bids were responsive despite its failure to acknowledge amendments to two solicitations, contending that the contracting officer's determination that the amendments were not material was in error. GAO has held that a bid that does not include an acknowledgment of a material amendment must be rejected; however, failure to acknowledge an amendment which fails to substantially change solicitation requirements may be waived. GAO found that: (1) the protester failed to show how its bids were affected by the requirement; (2) the amendments were not material because they did not change the contractor's obligation under the original solicitations; and (3) the awardee's failure to acknowledge the amendments did not render its bids nonresponsive. Accordingly, the protests were denied.