[Request for Reconsideration of Decision Dismissing Protest of NPS Bid Rejection]

B-218208.2: Mar 21, 1985

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A firm requested reconsideration of the dismissal as untimely of its protests concerning the rejection of its bid by the National Park Service and a subsequent resolicitation by the Service. In addition to its reconsideration request, the firm also protested the propriety of the awardee's bid. The firm asserted that an objective consideration of its protests would have included an investigation into its allegations; however, a protester has the burden of presenting sufficient evidence to establish its case. Further, the request for reconsideration did not specify any error of law or fact in the prior decision. Concerning the awardee's bid, the firm alleged that the awardee was affiliated with another firm, that the bid should not have been accepted because the awardee's corporate seal did not appear on the bid, and that there were defects in the awardee's bid bond. GAO found that: (1) standard representations and certifications of company affiliation concern bidder responsibility and may be supplied after bid opening; (2) the absence of a corporate seal on a bid does not render the bid nonresponsive since evidence of the signer's authority to bind the company may be presented after bid opening; and (3) a bid bond is not invalid as a result of the absence of corporate seals of the bidder and surety, and the validity of a bid bond is not affected by a time limitation on the authority of the surety's representative where it is undisputed that the representative had that authority at the time the bid bond was executed. Accordingly, the prior decision was affirmed and the current protest was denied.