B-212194.2: Jan 16, 1984

A firm protested the Army Corps of Engineers' rejection of its bid as nonresponsive on the basis of its legal status at the time of the bid opening. The protester argued that it was a de facto corporation as of bid opening date or, in the alternative, that its bid contained a minor irregularity that could be waived. The Corps contended that: (1) since the protester did not become a legal entity un...

B-212194.2: Jan 16, 1984

DIGEST: BID SUBMITTED IN CORPORATE NAME MAY BE ACCEPTED EVEN THOUGH THE FIRM BECAME INCORPORATED AFTER BID OPENING SINCE THE FIRM WAS ESTOPPED UNDER APPLICABLE STATE LAW FROM DENYING ITS CORPORATE EXISTENCE AND AWARD TO THE BIDDER WOULD BE AN AWARD TO THE SAME ENTITY WHICH SUBMITTED THE BID AND WOULD THUS NOT UNDERMINE THE COMPETITIVE BIDDING PROCESS. THE LOW BID WAS SUBMITTED IN THE NAME OF "PREC...