B-172664, MAY 28, 1971

B-172664, MAY 28, 1971

BID PROTEST - RESPONSIVENESS - BID GUARANTEES DENIAL OF PROTEST OF NATIONWIDE BUILDING MAINTENANCE, INC., LOW BIDDER, AGAINST REJECTION OF ITS BID TO PROVIDE JANITORIAL SERVICES UNDER IFB ISSUED BY NAVAL SHIP RESEARCH & DEVELOPMENT CENTER WHICH WAS LATER CANCELLED. ALTHOUGH PROTESTANT'S BID WAS REJECTED BECAUSE IT DID NOT INCLUDE A SECOND SURETY AS REQUIRED BY ASPR 10-201.2(B), THE BID WOULD HAVE TO BE REJECTED FOR FAILURE TO COMPLY WITH ASPR REQUIREMENT THAT A BID GUARANTEE BE INCLUDED WITH ALL BIDS. EVEN THOUGH A MONETARY SAVINGS MIGHT RESULT FROM A CONTRARY DECISION IN THIS PARTICULAR CASE, IT HAS BEEN DETERMINED THAT THE PUBLIC INTEREST IS BEST SERVED BY MAINTAINING ESTABLISHED RULES.

TO NATIONWIDE BUILDING MAINTENANCE, INCORPORATED:

FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST REJECTION OF YOUR BID UNDER INVITATION FOR BIDS NO. N62477-71-C-0138, ISSUED BY THE NAVAL SHIP RESEARCH AND DEVELOPMENT CENTER, WASHINGTON, D.C.

THE SUBJECT INVITATION FOR JANITORIAL SERVICES WAS ISSUED ON FEBRUARY 23, 1971, AND THE FOLLOWING BIDS WERE RECEIVED AND OPENED ON APRIL 7, 1971:

NATIONWIDE $134,485

CENTRAL BUILDING MAINTENANCE $148,053

ADVANCE BUILDING MAINTENANCE $159,052

ON APRIL 14, 1971, THE CONTRACTING OFFICER REJECTED YOUR BID AS NONRESPONSIVE BECAUSE YOU HAD SUBMITTED WITH YOUR BID AN AFFIDAVIT OF INDIVIDUAL SURETY FROM ONLY ONE INDIVIDUAL SURETY RATHER THAN FROM TWO INDIVIDUAL SURETIES AS REQUIRED BY ARMED SERVICES PROCUREMENT REGULATION (ASPR) 10-201.2(B). IT IS ALSO REPORTED THAT THE SECOND LOW BIDDER WILL BE PERMITTED TO WITHDRAW ITS BID BECAUSE OF AN ERROR THEREIN. FURTHER, SINCE THE REMAINING BID IS CONSIDERED EXCESSIVE, THE INVITATION WILL BE CANCELLED AND THE REQUIREMENT READVERTISED.

YOU CONTEND THAT YOUR BID SHOULD NOT BE REJECTED AS THE DEFICIENCY WAS A MINOR TECHNICALITY; THAT YOU DID NOT KNOW THAT TWO INDIVIDUAL SURETIES WERE REQUIRED AS STANDARD FORM 28, AFFIDAVIT OF INDIVIDUAL SURETY, DID NOT SO STATE; THAT YOUR AFFIDAVIT MORE THAN COVERED THE REQUIRED 20 PERCENT; AND THAT YOU CAN AND WILL SUBMIT A SECOND AFFIDAVIT OF INDIVIDUAL SURETY.

ALTHOUGH THE CONTRACTING OFFICER REJECTED YOUR BID FOR FAILURE TO COMPLY WITH THE CITED PROVISION OF ASPR CONCERNING INDIVIDUAL SURETIES, YOUR BID WAS REQUIRED TO BE REJECTED FOR A MORE BASIC REASON. PARAGRAPH 8 OF THE SUBJECT INVITATION, TERMS AND CONDITIONS, PROVIDES (PURSUANT TO ASPR 10- 102.4) THAT EACH BIDDER SHALL SUBMIT WITH ITS BID, A BID GUARANTEE. ASPR 10-102.5 PROVIDES THAT WHERE A SOLICITATION REQUIRES THAT BIDS BE SUPPORTED BY A BID GUARANTEE, NONCOMPLIANCE WITH SUCH REQUIREMENT REQUIRES REJECTION OF THE BID, EXCEPT IN CERTAIN CIRCUMSTANCES NOT APPLICABLE HERE. SINCE YOUR BID WAS NOT ACCOMPANIED BY A BID BOND, THE CONTRACTING OFFICER HAD NO ALTERNATIVE BUT TO REJECT THE BID AS NONRESPONSIVE. SEE ASPR 2-404.2(A) AND 38 COMP. GEN. 532 (1959).

WITH REGARD TO YOUR CONTENTION CONCERNING LACK OF KNOWLEDGE THAT TWO INDIVIDUAL SURETIES ARE REQUIRED, WE CALL YOUR ATTENTION TO THE FACT THAT THE FACE SHEET OF THE INVITATION INCLUDES NOTICE AS TO WHERE INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND BONDS CAN BE OBTAINED. FOR YOUR INFORMATION IN FUTURE PROCUREMENTS, WE HAVE HELD THAT A BID BOND SUPPORTED BY INDIVIDUAL SURETIES MUST BE EXECUTED BY TWO INDIVIDUAL SURETIES AND BE ACCOMPANIED BY AN AFFIDAVIT OF INDIVIDUAL SURETY EXECUTED BY EACH. SEE B-167787, NOVEMBER 4, 1969, COPY ENCLOSED.

SINCE YOUR BID WAS NONRESPONSIVE AS SUBMITTED, IT WOULD BE CONTRARY TO THE PRINCIPLES OF COMPETITIVE BIDDING TO EITHER ACCEPT YOUR NONCONFORMING BID OR TO PERMIT YOU TO FURNISH AFTER BID OPENING A BID BOND AND NECESSARY AFFIDAVITS. EVEN THOUGH MONETARY SAVINGS MIGHT ACCRUE TO THE GOVERNMENT BY VIOLATION OF THESE PRINCIPLES WE HAVE HELD THAT IT IS INFINITELY MORE IN THE PUBLIC INTEREST TO MAINTAIN THE ESTABLISHED PRINCIPLES THAN FOR THE GOVERNMENT TO OBTAIN A PECUNIARY ADVANTAGE IN A PARTICULAR CASE BY A VIOLATION OF THE RULES. 43 COMP. GEN. 268 (1963).

ACCORDINGLY, YOUR PROTEST IS DENIED.