Failure of Successful Bidder To Acknowledge Amendment

The protester objected to the award of a contract, alleging that the successful bidder was nonresponsive due to its failure to include an acknowledgment of a material amendment to the solicitation. Although the amendment was deficient, the protest was against the acceptance of a bid containing an allegedly unacknowledged amendment and was, therefore, timely filed after bid opening. The acceptance of the bid as responsive was proper since the bid on its face reflected knowledge of an essential element of the solicitation amendment (the extended bid opening date) which constituted constructive acknowledgment of receipt of the amendment.