GAO has sustained a protest holding that an awardee’s failure to acknowledge a material amendment to an Invitation for Bids could not be waived as a minor informality.
On February 5, 2026, the Government Accountability Office issued its decision in Morrish-Wallace Construction d/b/a Ryba Marine Construction Co., sustaining a protest based on the awardee’s failure to acknowledge an amendment to the solicitation. GAO held that the amendment was material and that the failure could not be waived as a minor informality.
The decision is a reminder that, in IFB-style procurements, the acknowledgment of amendments remains a strict-compliance item. Contracting officers do not have discretion to overlook the omission where the amendment changes price, quantity, delivery, or other material terms.
Offerors should treat amendment acknowledgment as a checklist item to be verified before submission, and protesters who identify a failed acknowledgment on a competitor’s bid should preserve their challenge promptly.
Source: Morrish-Wallace Construction d/b/a Ryba Marine Construction Co., B-423796.2, (February 5, 2026)