B-186926, JUL 21, 1976
Highlights
FAILURE OF BIDDER TO SIGN BID GUARANTEE BOND IN THE CAPACITY OF PRINCIPAL CONSTITUTES A MINOR INFORMALITY WHERE THE DEFECTIVE BOND IS SUBMITTED TOGETHER WITH A SIGNED SOLICITATION. OUR OPINION IS SOUGHT ON WHETHER A BID GUARANTEE BOND. WHICH IS IN FULL COMPLIANCE SAVE FOR THE OMISSION OF THE PRINCIPAL'S SIGNATURE AND WHICH IS SUBMITTED TOGETHER WITH A SOLICITATION SIGNED BY THE BIDDER MAY BE ACCEPTED ON THE GROUND THAT THE BIDDER'S FAILURE TO SIGN THE BOND CONSTITUTES A MINOR INFORMALITY. WE HAVE PREVIOUSLY TAKEN THE POSITION "*** THAT AN UNSIGNED BID BOND ACCOMPANIED BY A SIGNED BID IDENTIFYING THE BID BOND MAY BE CONSIDERED VALID AND THE FAILURE TO SIGN THE BOND MAY BE WAIVED AS A MINOR INFORMALITY.".
B-186926, JUL 21, 1976
FAILURE OF BIDDER TO SIGN BID GUARANTEE BOND IN THE CAPACITY OF PRINCIPAL CONSTITUTES A MINOR INFORMALITY WHERE THE DEFECTIVE BOND IS SUBMITTED TOGETHER WITH A SIGNED SOLICITATION.
FOREST SERVICE REQUEST FOR ADVANCE DECISION:
AN ADVANCE DECISION HAS BEEN REQUESTED BY THE FOREST SERVICE WITH REGARD TO SOLICITATION NO. 20-76-32. OUR OPINION IS SOUGHT ON WHETHER A BID GUARANTEE BOND, FOR A SERVICE-TYPE CONTRACT, WHICH IS IN FULL COMPLIANCE SAVE FOR THE OMISSION OF THE PRINCIPAL'S SIGNATURE AND WHICH IS SUBMITTED TOGETHER WITH A SOLICITATION SIGNED BY THE BIDDER MAY BE ACCEPTED ON THE GROUND THAT THE BIDDER'S FAILURE TO SIGN THE BOND CONSTITUTES A MINOR INFORMALITY.
WE HAVE PREVIOUSLY TAKEN THE POSITION
"*** THAT AN UNSIGNED BID BOND ACCOMPANIED BY A SIGNED BID IDENTIFYING THE BID BOND MAY BE CONSIDERED VALID AND THE FAILURE TO SIGN THE BOND MAY BE WAIVED AS A MINOR INFORMALITY." B-164453, JULY 16, 1968. SEE ALSO GENERAL SHIP AND ENGINE WORKS, INC., 55 COMP.GEN. 422 (1975), 75-2 CPD 269.
THIS OFFICE THEREFORE WOULD INTERPOSE NO OBJECTION TO TREATING THE BIDDER'S FAILURE TO SIGN THE BOND AS A MINOR INFORMALITY.