Morrish-Wallace Construction d/b/a Ryba Marine Construction Co.

B-423796.2 Feb 05, 2026 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Moorish-Wallace Construction Co. d/b/a Ryba Construction Co., of Cheboygan, Michigan, protests the award of a contract to E.C. Korneffel Co., of St. Clair Shores, Michigan, under invitation for bids (IFB) No. W911XK25BA024, issued by the Department of the Army, Corps of Engineers (Corps) for construction services. Ryba argues that the agency unreasonably determined that Korneffel's failure to acknowledge an amendment was a minor informality. We sustain the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Morrish-Wallace Construction d/b/a Ryba Marine Construction Co. File: B-423796.2 Date: February 5, 2026 J. Christopher White, Esq., Ronald D. Sullivan, Esq., and Bret S. Wacker, Esq., Clark Hill, PLC, for the protester. John Staniszewski, Esq., Mott Staniszewski PLC, for E.C. Korneffel Co., the intervenor. Shannon McCurdy, Esq., Matthew R. Keiser, Esq., and Kyle T. Shaw, Esq., Department of the Army, for the agency. Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the agency unreasonably determined that the awardee's failure to acknowledge a solicitation amendment was a minor informality is sustained where the record shows that a defect in the awardee's bid was material. DECISION Moorish-Wallace Construction Co. d/b/a Ryba Construction Co., of Cheboygan, Michigan, protests the award of a contract to E.C. Korneffel Co., of St. Clair Shores, Michigan, under invitation for bids (IFB) No. W911XK25BA024, issued by the Department of the Army, Corps of Engineers (Corps) for construction services. Ryba argues that the agency unreasonably determined that Korneffel's failure to acknowledge an amendment was a minor informality. We sustain the protest. BACKGROUND On June 4, 2025, the Corps issued the IFB for the construction of a new steel pile offloading platform, which will provide access to the West Dickinson Island Confined Disposal Facility in St. Clair County, Michigan. Agency Report (AR), Tab 1, IFB at 1, 3. The offloading platform will primarily be used by marine operations as a transfer site to offload equipment, including dozers, excavators, off-road trucks, material handlers, and cranes, and material, such as dredged sediment and soil. Id. at 3. The IFB contemplated the award of a single fixed-price contract to the lowest-priced bidder who is found to be responsive and responsible. IFB at 8. As part of their bids, the IFB instructed bidders that they were required to submit documentation acknowledging receipt of any amendment. Id. at 9. The IFB advised that if bidders did not comply with the solicitation's instructions, then they could be found ineligible for award. Id. at 10. The agency thrice revised the IFB. Contracting Officer's Statement (COS) at 1. The first amendment provided updated wage determinations and a list of attendees at a site visit. Id. The second amendment included an additional update to the wage determination, and revised plan sheets and specific sections. Id. The third amendment included another update to the wage determination and revised plan sheets. COS at 1; AR, Tab 7, IFB, amend. 3 at 1. The wage determination was updated to include new labor rates and fringe benefit contribution rates. COS at 1. The revised plan sheets increased the size and weight of the sheet pile cap (i.e., a capping structure placed on top of the sheet pile walls). Id. Specifically, the sheet pile cap was changed from one size to a slightly larger size (i.e., C 15x33.9 to MC 18x42.7).[1] Id. at 1‑2. The previous sheet pile cap would not accommodate the dimensional irregularities of the sheet pile wall. Id.; see also AR, Tab 2, Req. for Information (RFI) at 8-9. The agency estimated the increased size would cost at least $21,000 in extra materials. COS at 1. Prior to the July 29, 2025, bid opening, six bidders, including Korneffel and Ryba, submitted bids. AR, Tab 12, Bids Abstract at 1-2. Korneffel submitted the lowest‑priced bid ($1.895 million); however, the agency determined that, while the firm acknowledged the first and second amendments, it failed to acknowledge the third amendment. AR, Tab 13, Internal Agency Memorandum at 2. Ryba submitted the second-low bid ($2.307 million). AR, Tab 12, Bids Abstract at 1. On July 31, the Corps notified Korneffel that its bid was found non-responsive because the firm failed to acknowledge the third amendment. AR, Tab 15, Non‑Responsive Bidder Letter at 1-2; AR, Tab 14, Correspondence Between Agency and Korneffel at 2‑3. Later that day, Korneffel responded by submitting a signed copy of the amendment and explaining that it did not see the amendment prior to bid opening.