B-219764, AUG 8, 1985, 85-2 CPD 151
Highlights
BIDS - UNSIGNED - BID BOND OVERCOMING DEFICIENCY DIGEST: BIDDER'S FAILURE TO SIGN BID MAY BE WAIVED AS A MINOR INFORMALITY WHEN IT IS ACCOMPANIED BY A SIGNED BID BOND. SINCE THE SIGNED BOND IS SUFFICIENT EVIDENCE OF THE BIDDER'S INTENT TO BE BOUND. THE VA WAIVED THE LOW BIDDER'S FAILURE TO SIGN ITS BID AS A MINOR INFORMALITY BECAUSE THE BID WAS ACCOMPANIED BY A SIGNED BID BOND. A BID THAT IS NOT SIGNED MUST BE REJECTED AS NONRESPONSIVE BECAUSE WITHOUT AN APPROPRIATE SIGNATURE. THE FAILURE TO SIGN A BID MAY BE WAIVED AS A MINOR INFORMALITY WHEN THE BID IS MAY BE WAIVED AS A MINOR INFORMALITY WHEN THE BID IS ACCOMPANIED BY BY OTHER SIGNED DOCUMENTATION. SINCE SUCH DOCUMENTATION IS SUFFICIENT EVIDENCE OF THE BIDDER'S INTENT TO BE BOUND BY THE BID SUBMITTED.
B-219764, AUG 8, 1985, 85-2 CPD 151
BIDS - UNSIGNED - BID BOND OVERCOMING DEFICIENCY DIGEST: BIDDER'S FAILURE TO SIGN BID MAY BE WAIVED AS A MINOR INFORMALITY WHEN IT IS ACCOMPANIED BY A SIGNED BID BOND, SINCE THE SIGNED BOND IS SUFFICIENT EVIDENCE OF THE BIDDER'S INTENT TO BE BOUND.
THE COMMERCIAL SIDING & MAINTENANCE COMPANY:
THE COMMERCIAL SIDING & MAINTENANCE COMPANY (CSM) PROTESTS THE CONTRACT AWARD TO THE LOW BIDDER UNDER INVITATION FOR BIDS (IFB) NO. 599-8-85, ISSUED BY THE VETERANS ADMINISTRATION (VA). THE VA WAIVED THE LOW BIDDER'S FAILURE TO SIGN ITS BID AS A MINOR INFORMALITY BECAUSE THE BID WAS ACCOMPANIED BY A SIGNED BID BOND.
GENERALLY, A BID THAT IS NOT SIGNED MUST BE REJECTED AS NONRESPONSIVE BECAUSE WITHOUT AN APPROPRIATE SIGNATURE, THE BIDDER WOULD NOT BE BOUND UPON THE GOVERNMENT'S ACCEPTANCE OF THE BID. WILTON CORP., 64 COMP.GEN. 223 (1985), 85-1 CPD PARA. 128. HOWEVER, THE FAILURE TO SIGN A BID MAY BE WAIVED AS A MINOR INFORMALITY WHEN THE BID IS MAY BE WAIVED AS A MINOR INFORMALITY WHEN THE BID IS ACCOMPANIED BY BY OTHER SIGNED DOCUMENTATION, SUCH AS A BID BOND OR A LETTER, WHICH CLEARLY REFERS TO AND IDENTIFIES THE BID ITSELF, SINCE SUCH DOCUMENTATION IS SUFFICIENT EVIDENCE OF THE BIDDER'S INTENT TO BE BOUND BY THE BID SUBMITTED. FEDERAL ACQUISITION REGULATION 48 C.F.R. SEC. 14.405(C)(1) (1984).
SINCE THE LOW, UNSIGNED BID WAS ACCOMPANIED BY A SIGNED BID BOND, THE VA PROPERLY WAIVED THE FAILURE TO SIGN THE BID AS A MINOR INFORMALITY.
THE PROTEST IS DISMISSED.