Pub K
GAO: Failure to Acknowledge Material Amendment Requires Bid Rejection
Ward & Berry – On February 5, 2026, the Government Accountability Office (GAO) sustained the protest of Morrish‑Wallace Construction d/b/a Ryba Marine Construction Co., ruling that the Army Corps of Engineers improperly awarded the contract due to the awardee’s failure to acknowledge a material solicitation amendment, a bid defect that cannot be cured under federal procurement law. The decision is a reminder that specification changes that seem relatively insignificant can still be legally material, which makes it essential for bidders to track and acknowledge every amendment or risk losing award eligibility.