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B-178824 1 (1973-08-16)

handle is hein.gao/gaobaadiz0001 and id is 1 raw text is: 
         t                 9                              1

                        COMPTROLLER GENERAL OF TH UNITED STATES
      tfl                         WAIHINGTOUY D.C., M

                 5~18AAugstt1i, 1973                        3 '4
                    •                 .9



          o & C tte~rJim, Inc.
          Rout@ 130
          ordmentmn, Rev JeflOy 0850

              Attentiom nMrs lflta oray

         Oentlerwnd

              We are in receipt of your telerm ofr June5, 1973, rdnd suboequent
         letters, #protesting n awrd boinj made to the apparet low bidder,
         Pais H. tinuto, Tn. (wluto), wider ivitation for bids (irs)
         No. f l309.73-B,072, issued by the Bae Procurenent Office, cauire
         Air  orce Bue, ov Jersoy.
              The i) scught bids for air  citioning quarters at the iWue,
(        bh bidder vas rquired to submit vith its bid a bid bond in tb4
         amt of 20 percent of tho bid price.
              The cumwroial bid bend Submitted by the apparent 1v bidder and
         attcbed to itA bid, flthough maki g specific reforenc to the sub-
         stance of t'a solicitation, stated that ihe surety vould be bound to
         the  tate o)! NeWJersey rather than to te United States Gonrwent.

              Rotwithtsndins this deficiency the ajenoy proposes to accept
         the bid band  d make award to Hinuto We agree vith this coars of
         aetin,
              0&0Wcontends that )inuto's bid sl  have been rejected mince
         the insertion of aBtate rather than the United flates Govecnment as
         obligee rendered the bond unenforceable by the Government; the bond
         we not submitted ai standard forn (?) 24 cas required by the ID;
         and, the bond as vrittmn ccntuaun materia. deviations frcu the £tquins
           a zot orf I A 0;

              ferph 2 4Io4,(h) of the Armd Services Procureracat aaAti
         (AM) prwvidn that whre a bid guarantee ts   eqtdred and a bidder
         tils to fMnlsh it in acoordance ith the; requirments of the IF, the
         bid shall be rejected (nit?. certain exceptions  o t smteril here).,Hin
         wmr, eine Hi ulto did Nmish a bid bond the only inue Is the accept-
         ability of that bond. B-170594, Detcuber 3, 1970. Thus, the cae you
         citep 16V9546, October15, 1970, vberein a bidder did not furnish a bid
         bm Is i clearly dietinzuahabte ac iets t tim the presmat situatIce,

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