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B-407296 1 (2012-11-28)

handle is hein.gao/gaobadpeu0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Morris, Inc. File: B-407296 Date: November 28, 2012 Thomas K. Wilka, Esq., and Jennifer L. Larsen, Esq., Hagen, Wilka & Archer, LLP, for the protester. James H. Roberts, III, Esq., Van Scoyoc Kelly & Roberts PLLC, for Road Builders, Inc., the intervenor. P. Alex Petty, Esq., Department of the Army, for the agency. Gary R. Allen, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that an agency improperly allowed awardee to cure its failure to acknowledge a solicitation amendment is denied where the amendment was not material because it did not impose new legal obligations on the bidders. DECISION Morris, Inc., of Ft. Pierre, South Dakota, protests the award of a contract to Road Builders, Inc., of National City, California, by the Department of the Army, Corps of Engineers, under invitation for bids (IFB) No. W912HY-12-B-0012, for dredging of the Oahe Emergency Spillway Inlet Channel in Pierre, South Dakota. Morris contends that Road Builders' bid was nonresponsive, because the awardee failed to acknowledge a material solicitation amendment. We deny the protest. BACKGROUND The IFB, issued on June 18, 2012, provided for dredging of the upstream spillway channel at the Oahe Dam and for associated construction services, including re- sloping/re-grading the side slopes of the channel, construction of a breakwater, and placement of rock (rip rap) slope protection. The IFB was amended three times. Bidders were required to acknowledge amendments when submitting a bid. See IFB § 00 21 00 at 3.

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