[Protest of VA Rejection of Bid as Nonresponsive]

B-219416: Jul 9, 1985

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A firm protested the rejection of its bid under a Veterans Administration (VA) solicitation. VA rejected the bid because it was accompanied by a bid guarantee in the form of an uncertified corporate check. The protester contended that: (1) it did not have sufficient time to obtain a bid bond or certified check prior to bid opening; (2) its tender of a certified check the day after bid opening cured any deficiency; and (3) VA should have accepted the certified check the day after bid opening because it constituted a permissible late bid modification which was immaterial and did not prejudice any other bidder. GAO held that: (1) the uncertified check was an inadequate guarantee because it did not represent a firm commitment in the form required by the solicitation; and (2) VA properly rejected the bid because the protester's failure to submit an adequate guarantee before bid opening rendered the bid nonresponsive. Accordingly, the protest was dismissed.