[Protest of Requirement for Performance and Payment Bonds in INS Solicitation]
Highlights
A firm protested the bonding requirements under an Immigration and Naturalization Service (INS) solicitation for security services, contending that: (1) the requirements were unnecessary; and (2) INS improperly required bidders to obtain bonds for option periods, even though it might not exercise the options. INS asserted that the requirements were necessary because the required services were critical and entailed the use of government equipment. GAO held that: (1) INS reasonably determined that bonding requirements were necessary; and (2) while the provision regarding option years was confusing, it did not require bidders to obtain option-year bonds until INS exercised the options. Accordingly, the protest was denied.