The punctilios of the solicitation

The Army Corps of Engineers sought sealed bids. The low bidder failed to acknowledge Amendment 3, but the ACE accepted the low bid anyway. Protestor alleged that the failure to acknowledge and accept Amendment 3 was material even though acknowledging the amendment wouldn't have changed the price spread. GAO agreed explaining that "an amendment is deemed material to an IFB if the amendment adds requirements to contract performance which were not contained in the original IFB." And by failing to acknowledge a material amendment, the lowest bid should have been deemed nonresponsive. (Or, as GAO delightfully wrote "failure to acknowledge the amendment was not merely a matter of failing to follow the punctilios of the solicitation.") Protest sustained

GAO: Morrish-Wallace Construction d/b/a Ryba Marine Construction Co., B-423796.2 (Feb 05, 2026)