[Protest of Proposed Air Force Contract Award for Weather Facility Construction]

B-223594: Sep 24, 1986

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A firm protested an Air Force contract award for the construction of a weather facility, contending that the Air Force improperly determined that the awardee's bid bond, which was materially defective, was responsive. GAO held that: (1) if the procuring agency is uncertain that a bidder submitted a legally binding bond, the bond is unacceptable and the bid, therefore, must be rejected as nonresponsive; (2) the defective bond did not provide objective evidence of the surety's intent; (3) since the Air Force was uncertain of whether the surety intended its bond to cover the bid submitted, it properly rejected the bid as nonresponsive; and (4) although the protester made a typographical error in the bond and consented to a correction, it could not correct the error after bid opening. Accordingly, the protest was sustained. GAO recommended that the Air Force award a contract to the protester, if otherwise appropriate.