B-233746, Dec 22, 1988, 88-2 CPD 621
Highlights
PROCUREMENT - Sealed Bidding - Bids - Bid guarantees - Omission - Responsiveness DIGEST: A bid which does not comply with a solicitation requirement for a bid guarantee must be rejected as nonresponsive where none of the exceptions for rejection provided in the regulations are applicable. Fort Steuben's bid was rejected as nonresponsive because the IFB required the submission of a bid bond in the amount of 20 percent of the total bid price and Fort Steuben offered a bid bond in the amount of 5 percent of its bid price. Such a bid is nonresponsive and may not be considered except under circumstances that are not applicable to this case. It is these special circumstances to which the language in question refers.
B-233746, Dec 22, 1988, 88-2 CPD 621
PROCUREMENT - Sealed Bidding - Bids - Bid guarantees - Omission - Responsiveness DIGEST: A bid which does not comply with a solicitation requirement for a bid guarantee must be rejected as nonresponsive where none of the exceptions for rejection provided in the regulations are applicable.
Fort Steuben Enterprises:
Fort Steuben Enterprises protests the Department of Justice's (DOJ) rejection of its low bid under invitation for bids (IFB) No. 103-106. Fort Steuben's bid was rejected as nonresponsive because the IFB required the submission of a bid bond in the amount of 20 percent of the total bid price and Fort Steuben offered a bid bond in the amount of 5 percent of its bid price.
We dismiss the protest.
The IFB states that "A bid bond in the amount of 20 percent of the total bid price ..., but not more than $3,000,000 shall be submitted with the offeror's bid package or the bid may be rejected as nonresponsive." Fort Steuben claims that the phrase "the bid may be rejected" makes DOJ's decision to reject discretionary. Fort Steuben concludes that DOJ should therefore award the contract to it in light of the increase in cost between it and the next higher acceptable bid and the protester's high reputation in the industry.
The Federal Acquisition Regulation (FAR) requires the rejection of a bid that does not comply with the solicitation requirement for a bid guarantee. FAR Sec. 14.404-2(i). Such a bid is nonresponsive and may not be considered except under circumstances that are not applicable to this case. FAR Sec. 28.101-4. It is these special circumstances to which the language in question refers. The decision to reject the bid or to waive the deficiency under the limited circumstances set forth in the regulation is not discretionary. Also, see Summit Metal Fabricating, Inc., B-213414, Nov. 15, 1983, 83-2 CPD Para. 571, where we stated that, in light of the FAR language requiring rejection where a noncompliant bid is submitted, the language in the IFB is "just as compelling as if more positive language were employed."
The protest is dismissed and the protester's request for a conference is denied since it would serve no useful purpose.