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B-266233 1 (1996-01-26)

handle is hein.gao/gaocrptadut0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Morrison Construction Services File: B-266233; B-266234 Date: January 26, 1996 John Chapman for the protester. Gerald J. Brentnall, Jr., Esq., Rowley, Grace, Brentnall & Kraft, for Farinha, Inc., an interested party. Calvin F. Boles IV, Esq., and Cynthia S. Guill, Esq., Department of the Navy, for the agency. Susan K. McAuliffe, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where bidder has submitted only photocopies of required bid guarantee documents as of the time of bid opening, the bid guarantees are of questionable enforceability and the bids were properly rejected as nonresponsive; since responsiveness cannot be established after bid opening, the defect in the bid guarantees cannot be cured by the submission of the original bid guarantee documents after bid opening. DECISION Morrison Construction Services protests the agency's rejection of its apparent low bids, and the award of contracts to Farinha, Inc., under invitations for bids (IFB) Nos. N62766-95-B-0402 and N62766-95-B-0403, issued by the Department of the Navy for the replacement of air conditioning and heat recovery units at a family housing area in Guam. Morrison challenges the agency's determination that the bid guarantees submitted with the protester's bids were defective because they were photocopies of required bid guarantee documents. We deny the protests. Each IFB required the submission of a bid guarantee in the amount of 20 percent of the bid price. The IFBs' instructions provided that all bids and bonds were to be submitted in original format and stated that bids must be manually signed. Other than providing for the timely transmission by facsimile of acknowledgment of amendments, the IFBs did not expressly authorize facsimile bids or modifications. Six bids were received by bid opening on August 17, 1995. Morrison's apparent low 355126

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