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B-238226, Jan 18, 1990, 90-1 CPD 71

B-238226 Jan 18, 1990
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Highlights

The lack of signature cannot be cured by the bidder's attendance at bid opening or by the bidder's arrangements for insurance and storage space which are not part of the bid. The bid was rejected because it was not signed. Brow asserts that his failure to sign was merely an oversight and that his intention to be bound was indicated by his presence at the bid opening. A bid that is not signed before bid opening is considered nonresponsive unless it is accompanied by other documents which are signed and therefore prove the bidder's intent to be bound by the bid submitted. Brow's bid apparently was not accompanied by any signed document. The appearance at bid opening of a bidder or representative of the bidder is not a substitute for a valid signature.

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B-238226, Jan 18, 1990, 90-1 CPD 71

PROCUREMENT - Sealed Bidding - Bids - Responsiveness - Signatures - Omission DIGEST: A bidder's failure to sign a bid renders the bid nonresponsive; the lack of signature cannot be cured by the bidder's attendance at bid opening or by the bidder's arrangements for insurance and storage space which are not part of the bid.

Calvin Brow:

Calvin Brow protests the rejection of his bid as nonresponsive under invitation for bids (IFB) No. 621-06-90, issued by the Department of Veterans Affairs (VA) for drayage services. The bid was rejected because it was not signed.

Mr. Brow asserts that his failure to sign was merely an oversight and that his intention to be bound was indicated by his presence at the bid opening. He further refers to his arrangements for leased storage space and for insurance coverage as showing his "intent to continue ... being able" to perform.

As a general rule, a bid that is not signed before bid opening is considered nonresponsive unless it is accompanied by other documents which are signed and therefore prove the bidder's intent to be bound by the bid submitted. Canaveral Ship Repair, Inc., B-230630, May 20, 1988, 88-1 CPD Para. 486; Ingel Ellefson, B-212786, Sept 2, 1983, 83-2 CPD Para. 303. Here, Brow's bid apparently was not accompanied by any signed document. Moreover, the appearance at bid opening of a bidder or representative of the bidder is not a substitute for a valid signature. Canaveral Ship Repair, Inc., supra. Finally, Mr. Brow's arrangements for leased space and insurance were not a part of his bid and therefore cannot be considered as evidencing his intent to be bound.

The protest is dismissed.

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