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B-272109 1 (1996-06-28)

handle is hein.gao/gaocrptaeho0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Carter Construction Company, Inc. File: B-272109 Date: June 28, 1996 George E. Pike, Jr., Esq., Hoffman & Pike, for the protester. Roger L. Pentzien, Pentzien Inc., an intervenor. Lester Edelman, Esq., Department of the Army, for the agency. Win. David Hasfurther, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly rejected as nonresponsive a bid accompanied by a bid bond in which the monetary amounts set out for the penal sum of the bond and the liability limit of the surety resulted from alterations to the original amounts set out in the bond and the bid or documents submitted with the bid did not establish whether the surety was bound by these altered amounts. DECISION Carter Construction Company, Inc. protests the rejection of its bid under invitation for bids (IFB) No. DACW66-96-B-0027, issued by the U.S. Army Corps of Engineers for the lease of a cutterhead hydraulic pipeline dredge to be fully operated with attendant plant and snagging equipment. The bid was rejected as nonresponsive after the agency determined Carter's bid bond to be defective. The agency intends to award to Pentzien, Inc., the second low bidder. We deny the protest. The IFB, issued on April 10, 1996, required bidders to submit prices for a hydraulic dredge with an 18-inch pump discharge and for a hydraulic dredge with a 20-inch pump discharge. Award would be made for only one of the dredges. Bidders were also to submit with their bids a bid bond or other suitable bid guarantee in the lesser amount of 20 percent of the bid price or $3,000,000. Bids were opened on May 14. Carter, the low bidder at $1,322,252, submitted a Standard Form 24 bid bond in the amount of 20 percent of its bid price, not to exceed $300,000. The bond was signed by the President of Carter and by the attorney-in-fact of the corporate 732626

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