Matter of: David Boland, Inc. File: B-261942 Date: October 16, 1995

B-261942: Oct 16, 1995

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Protest that low alternate bid was nonresponsive for failing to include a separate bid bond for each alternate bid is denied where the solicitation did not require separate bonds and the low bidder submitted a properly executed bond. Bidders were required to bid on the basis of constructing to either an all electric driven chiller configuration design (Task I-A) or to an electric gas driven chiller configuration design (Task I-B). Bids based upon either design were acceptable. Bidders were permitted to submit alternate bids. [1] The IFB required each bidder to submit "a bid bond" in the amount of 20 percent of the bid price or $3 million. Whichever was the lower amount. 000 for Task I-A was submitted by Sauer.

Matter of: David Boland, Inc. File: B-261942 Date: October 16, 1995

Protest that low alternate bid was nonresponsive for failing to include a separate bid bond for each alternate bid is denied where the solicitation did not require separate bonds and the low bidder submitted a properly executed bond.

Attorneys

DECISION

We deny the protest.

Under the IFB, bidders were required to bid on the basis of constructing to either an all electric driven chiller configuration design (Task I-A) or to an electric gas driven chiller configuration design (Task I-B). Bids based upon either design were acceptable, and bidders were permitted to submit alternate bids. [1] The IFB required each bidder to submit "a bid bond" in the amount of 20 percent of the bid price or $3 million, whichever was the lower amount.

The low bid of $5,900,000 for Task I-A was submitted by Sauer. Boland submitted the next low bid of $5,963,000 for Task I-A. Sauer also submitted an alternate bid of $7,240,000, for Task I-B. Sauer's bids were submitted on separate SF 1442s accompanied by one properly executed bid bond. Boland argues that Sauer's alternate bids are nonresponsive because they were accompanied by only one bid bond.

A bid guarantee provision in a solicitation is a material requirement, and a bid that fails to comply with such a requirement as of bid opening is nonresponsive. See Spotless Janitorial Servs., Inc, B-257341, Sept. 15, 1994, 94-2 CPD Para. 102. However, unless specifically requested, there is no requirement to submit separate bid bonds in response to a solicitation permitting alternate bids under one procurement resulting in one award. See Durable, Inc., B-228911, Nov. 3, 1987, 87-2 CPD Para. 442. Here, the IFB required only one bid bond, which Sauer properly executed, in the proper amount, without restriction to either alternate bid. The bond thus provided the government with the necessary security for Sauer's low Task I-A bid. Id. Therefore, Sauer's low bid met the bid bond requirements and was responsive.

The protest is denied.

1. Amendment No. 1 advised bidders to submit separate Standard Form (SF) 1442s in the case of alternate bids.

Oct 1, 2020

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