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B-292992 1 (2003-12-08)

handle is hein.gao/gaobacymw0001 and id is 1 raw text is: I G A 0Comptroller General .. . .Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 D .. Decision Matter of: Horizon Shipbuilding, Inc. File: B-292992 Date: December 8, 2003 Travis R. Short for the protester. Joseph J. Cox, Esq., and Madeline Shay, Esq., U.S. Army Corps of Engineers, for the agency. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably found protester's proposal unacceptable where protester's purported individual surety bid bond contained an ambiguity as to the identity of the surety and where the bond was not accompanied by Standard Form 28, Affidavit of Individual Surety, as required by the solicitation. DECISION Horizon Shipbuilding, Inc. protests the rejection of its proposal and the award of a contract to Marine Builders, Inc. under request for proposals (RFP) No. DACW61-03- R-0029, issued by the U.S. Army Corps of Engineers for an inland river towboat. The Corps rejected Horizon's proposal on the ground that the firm's bid guarantee was unacceptable. The protester principally asserts that its bid guarantee, in the form of a bid bond with an individual surety, was acceptable in all respects and alternatively argues that if the agency had any concerns about the bid guarantee, the agency should have provided protester with an opportunity to address any perceived deficiency. In order to minimize financial risk to the government, the RFP required offerors to choose between obtaining bonding and receiving progress payments for contract work or financing the contract independently and waiting until after delivery and acceptance to receive complete payment. See RFP § L, at 14. Offerors choosing to obtain bonding were required to furnish with their proposals a bid guarantee in the lesser amount of 20 percent of the offeror's proposed contract price or $3 million.

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