Protest of Bid Rejection as Nonresponsive

A roofing firm protested the rejection of its bid for roof repairs under an invitation for bids (IFB) issued by the Federal Correctional Institution. The protester's bid was rejected because it did not submit a bid bond prior to bid opening as required by the IFB. The protester alleged that it did not submit a bid bond because it had been informed by an agency employee that a bid bond was not required at the time the bid was submitted. Regulations provide that noncompliance with the requirement to submit a bid guarantee can be waived only under specific circumstances which did not exist in this case. In the absence of these circumstances, a bid without a performance bond must be rejected as nonresponsive. Therefore, the protest was summarily denied.