Protest of Bid Rejection for Surety Not Being on Approved List

A company protested its low bid not being considered for award because the corporate surety on its bid bond was not listed in Treasury Department Circular 570. The company argued that its bid bond as submitted was adequate, that an honest mistake was made in not utilizing a surety on the approved list, and that it would be willing to substitute a bid bond signed by an approved surety for the objectionable bond. It was held that a bid is nonresponsive and not for consideration where the bidder's corporate surety is not listed in Treasury Circular 570 as required in the solicitation. The failure to provide approved surety may not be waived or excused. The protest was summarily denied.