B-211460, JUL 14, 1983

B-211460: Jul 14, 1983

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DIGEST: FAILURE OF BIDDER TO SIGN BID IS WAIVABLE AS MINOR INFORMALITY WHEN ACCOMPANYING BID BOND IS PROPERLY EXECUTED AND EVIDENCES BIDDER'S INTENT TO BE BOUND BY THE BID SUBMITTED. SO THAT A VALID CONTRACT WILL RESULT FROM THE GOVERNMENT'S ACCEPTANCE OF THE BID. THE USUAL EXPRESSION OF THIS INTENTION IS THE SIGNATURE OF THE BIDDER ON THE BID FORM IN THE SPACE PROVIDED FOR THAT PURPOSE. PITTS' UNSIGNED BID WAS ACCOMPANIED BY A PROPERLY EXECUTED BID BOND. 1978)) PROVIDES THAT THE FAILURE OF A BIDDER TO SIGN ITS BID MAY BE WAIVED AS A MINOR INFORMALITY WHERE "THE UNSIGNED BID IS ACCOMPANIED BY OTHER MATERIAL INDICATING THE BIDDER'S INTENTION TO BE BOUND BY THE UNSIGNED BID DOCUMENT SUCH AS THE SUBMISSION OF A BID GUARANTEE WITH BID ***.".

B-211460, JUL 14, 1983

DIGEST: FAILURE OF BIDDER TO SIGN BID IS WAIVABLE AS MINOR INFORMALITY WHEN ACCOMPANYING BID BOND IS PROPERLY EXECUTED AND EVIDENCES BIDDER'S INTENT TO BE BOUND BY THE BID SUBMITTED.

MOUNTAIN CASCADE, INC.:

MOUNTAIN CASCADE, INC., PROTESTS THE ACCEPTANCE OF THE FOR BIDS (IFB) NO. N62476-82-B-6396 BY THE NAVAL FACILITIES ENGINEERING COMMAND. WE DENY THE PROTEST.

SOME EVIDENCE OF THE BIDDER'S INTENTION TO BE BOUND BY ITS BID MUST ACCOMPANY THE BID, SO THAT A VALID CONTRACT WILL RESULT FROM THE GOVERNMENT'S ACCEPTANCE OF THE BID. THE USUAL EXPRESSION OF THIS INTENTION IS THE SIGNATURE OF THE BIDDER ON THE BID FORM IN THE SPACE PROVIDED FOR THAT PURPOSE. THE GOVERNMENT MAY, HOWEVER, EXAMINE THE ENTIRE BID DOCUMENT TO DETERMINE WHETHER THE BIDDER HAS MANIFESTED ITS INTENTION TO BE BOUND. W.L.THOMAS, INC., B-194700, MAY 11, 1979, 79-1 CPD 339.

IN THIS CASE, PITTS' UNSIGNED BID WAS ACCOMPANIED BY A PROPERLY EXECUTED BID BOND. THE BID BOND EVIDENCES PITTS' INTENTION TO BE BOUND BY ITS UNSIGNED BID, AND WE BELIEVE THE GOVERNMENT MAY REQUIRE PITTS TO PERFORM THE CONTRACT AT THE BID PRICE. THUS, THE ACCEPTANCE OF THE UNSIGNED BID IN THIS CASE DOES NOT UNDERMINE THE INTEGRITY OF THE COMPETITIVE BIDDING SYSTEM.

MOREOVER, DEFENSE ACQUISITION REGULATION (DAR) SEC. 2-405 (III)(B) (DEFENSE ACQUISITION CIRCULAR NO. 76-17, SEPTEMBER 1, 1978)) PROVIDES THAT THE FAILURE OF A BIDDER TO SIGN ITS BID MAY BE WAIVED AS A MINOR INFORMALITY WHERE "THE UNSIGNED BID IS ACCOMPANIED BY OTHER MATERIAL INDICATING THE BIDDER'S INTENTION TO BE BOUND BY THE UNSIGNED BID DOCUMENT SUCH AS THE SUBMISSION OF A BID GUARANTEE WITH BID ***."

ACCORDINGLY, THE NAVY PROPERLY WAIVED PITTS' FAILURE TO SIGN ITS BID AS A MINOR INFORMALITY. W.L.THOMAS, INC., SUPRA.

PROTEST DENIED.