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[Protest of GSA Bid Rejection]

B-212938 Published: Feb 22, 1984. Publicly Released: Feb 22, 1984.
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Highlights

A firm protested the rejection of its bid by the General Services Administration (GSA). GSA rejected the bid because of a discrepancy found between the legal entity shown on the bid and the legal entity shown on the bid bond. The invitation for bids (IFB) required a bid bond and stated that failure to provide such a bid guarantee in the proper form might be cause for bid rejection. The protester argued that the rejection of its bid was improper because a sufficient bid bond was furnished. Bid bond requirements are a material part of an IFB which may not be waived. A bid bond which names a principal different from the nominal bidder is deficient and the defect may not be waived as a minor informality. Since the principal on the bid was identified as a joint venture and it was not clear whether the joint venture was also the bidder, GAO found that the bond was ambiguous and that the bid was properly rejected. Accordingly, the protest was denied.

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Bid rejection protestsBid responsivenessSurety bondsSolicitationsBid evaluation protestsIntellectual property rights