B-229973, Feb 26, 1988, 67 Comp.Gen. 284
Highlights
Bidder's failure to sign an otherwise proper bid bond may be waived if the bond is submitted with a signed bid. The validity of a bid is not affected by the bidder's failure to affix a corporate seal to the bid bond. Phillips complains that the bid bond Tumpane submitted was not signed. The Navy proposes to accept the bid because the bid itself was properly signed. The Navy is correct that Tumpane's bid is acceptable. We have held that a bidder's failure to sign an otherwise proper bid bond may be waived if the unsigned bond is submitted with a signed bid. We also have held that the validity of a bid is not affected by the bidder's failure to affix its corporate seal to the bid bond. The protest is denied.
B-229973, Feb 26, 1988, 67 Comp.Gen. 284
PROCUREMENT - Sealed Bidding - Bid Guarantees - Responsiveness - Signatures - Sureties DIGEST: 1. Bidder's failure to sign an otherwise proper bid bond may be waived if the bond is submitted with a signed bid. PROCUREMENT - Sealed Bidding - Bid Guarantees - Validity 2. The validity of a bid is not affected by the bidder's failure to affix a corporate seal to the bid bond.
Phillips National, Inc.:
Phillips National, Inc., protests the proposed award of a contract to Tumpane Services Corp. under Department of the Navy invitation for bids No. N62474-87-B-2801. Phillips complains that the bid bond Tumpane submitted was not signed, and did not include a corporate seal. The Navy proposes to accept the bid because the bid itself was properly signed, so that the defects in the bond may be waived.
The Navy is correct that Tumpane's bid is acceptable. We have held that a bidder's failure to sign an otherwise proper bid bond may be waived if the unsigned bond is submitted with a signed bid, since the surety would be liable on the bond notwithstanding the defect. See General Ship and Engine Works, Inc., 55 Comp.Gen. 422 (1975), 75-2 CPD Para. 269; Geronimo Service Co., B-209613, Feb. 7, 1983, 83-1 CPD Para. 130. We also have held that the validity of a bid is not affected by the bidder's failure to affix its corporate seal to the bid bond. See Siska Construction Co., Inc.-- Request for Reconsideration, 64 Comp.Gen. 384 (1985), 85-1 CPD Para. 331.
The protest is denied.