[Protest of Bid Rejection Under FHwA Solicitation for Construction]
Highlights
A firm protested the Federal Highway Administration's rejection of its low bid as nonresponsive under a solicitation for wall construction. The agency found that the protester's bid bond was inadequate because it was not submitted on the required form and failed to give the government the required protection. The protester contended that its bond was sufficient to protect the government's interest and allowable under an exception to procurement regulations. GAO found that the protester's bond limited the surety's liability and failed to give the government the right to recover reprocurement costs; therefore, the agency properly rejected the protester's bid as nonresponsive. Accordingly, the protest was denied.