[Protest Against Rejection of Bids as Nonresponsive]

B-205823,B-205843,B-206469: Sep 9, 1982

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Edda Emmanuelli Perez
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A firm protested the rejection of its low bids under three solicitations issued by the General Services Administration (GSA). The protester complained that GSA improperly rejected its bids as nonresponsive. After the bids were opened, the contracting officer discovered that three of the four sureties failed to disclose all outstanding bond obligations. Based on the discovery, the contracting officer found the protester's sureties to be unacceptable and rejected the bids as nonresponsive. GAO stated that, in determining the acceptability of an individual bid bond surety, an agency may consider the surety's failure to disclose other bond obligations since disclosure is necessary to make informed judgments concerning a surety's financial soundness. In this case, where the record indicated a continuing pattern among certain individual bid bond sureties not to disclose outstanding bond obligations, the agency had a reasonable basis to reject the bidder's sureties as unacceptable. GAO has recently held that the question of the acceptability of an individual surety is one of bidder responsibility; thus the contracting officer erred in rejecting the protester's bid as nonresponsive. Under the circumstances, however, rejection on responsibility grounds was clearly appropriate. Accordingly, the protest was denied.

Mar 22, 2018

Mar 20, 2018

Mar 19, 2018

  • Ampcus, Inc.
    We deny the protest.
  • AMAR Health IT, LLC
    We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million.
  • Centurum, Inc.--Costs
    We grant the request.

Mar 15, 2018

  • ORBIS Sibro, Inc.
    We sustain the protest in part and deny it in part.

Mar 14, 2018

Mar 13, 2018

  • Interoperability Clearinghouse
    We dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.

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