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B-404275 1 (2011-01-24)

handle is hein.gao/gaobadbqq0001 and id is 1 raw text is: AlL A , GA O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Islands Mechanical Contractor, Inc. File: B-404275 Date: January 24, 2011 J. Jacob R. Peek, Esq., Driver McAfee Peek & Hawthorne, for the protester. Michael H. Saltalamachea, Esq., Department of the Army, for the agency. Alyssa B. Weir, Esq., Paul E. Jordan, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Proposal found to include only a photocopy of the required bid bond was properly rejected as unacceptable. DECISION Islands Mechanical Contractor, Inc. (IMC), of Middleburg, Florida, protests the Department of the Army, U.S. Army Corps of Engineers' (USACE) rejection of its proposal and award of multiple award task order contracts (MATOC) to other offerors, under request for proposals (RFP) No. W912HN-09-R-0018, for design/build and construction work in USACE's South Atlantic Division. IMC asserts that the agency improperly found that the protester failed to include an original bid guarantee with its proposal. We deny the protest. The RFP contemplated the award of multiple indefinite-delivery/indefinite-quantity contracts, with a base period of 3 years with 2 option years, for design/build or construction-type work in North Carolina, South Carolina, Georgia, Florida, Alabama, and Mississippi. The RFP required offerors to submit a bid guarantee for 20% of the bid price or $3 million, whichever was less. RFP at 24 and 142 (incorporating Federal Acquisition Regulation (FAR) § 52.228-1). The RFP provided that the government would review the bid guarantee for legal sufficiency and that a bid guarantee found legally insufficient may render the offer ineligible for award. In this regard, the solicitation specifically cautioned that facsimile and photocopied bid guarantees were not acceptable. RFP at 24. Offerors were required to submit an original and one copy of Volume I of the proposal, which was to contain the required

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