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[Protest of Proposed Air Force Contract Award for Weather Facility Construction]

B-223594: Sep 24, 1986

A firm protested an Air Force contract award for the construction of a weather facility, contending that the Air Force improperly determined that the awardee's bid bond, which was materially defective, was responsive. GAO held that: (1) if the procuring agency is uncertain that a bidder submitted a legally binding bond, the bond is unacceptable and the bid, therefore, must be rejected as nonrespon...

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B-223594, SEP 8, 1986, 65 COMP.GEN. 871

B-223594: Sep 8, 1986

A BID BOND WHICH ERRONEOUSLY REFERENCES ANOTHER SOLICITATION NUMBER IS MATERIALLY DEFECTIVE IN THE ABSENCE OF OTHER OBJECTIVE EVIDENCE WHICH CLEARLY ESTABLISHES AT THE TIME OF BID OPENING THAT THE BOND WAS INTENDED TO COVER THE BID FOR WHICH IT WAS ACTUALLY SUBMITTED. IF UNCERTAINTY EXISTS THAT THE BOND IS ENFORCEABLE BY THE GOVERNMENT AGAINST THE SURETY. THE BOND IS UNACCEPTABLE AND THE BID MUST...

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