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G A 0Comptroller General
WAf Accountability * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548
Decision
Matter of: Simont S.p.A.
File: B-400481
Date: October 1, 2008
Dr. Matteo Zappile, USCOMED Consultants, and Giobbe Giuseppe Piccolo, for the
protester.
Amy M. Steed, Esq., Department of the Navy, for the agency.
Paul N. Wengert, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
Protest is denied where invitation for bids required submission of a bid guarantee,
the protester failed to submit a bid guarantee, and the agency rejected the bid,
notwithstanding the confusion regarding the agency's intent to delete a conflicting
mislabeled bid guarantee provision, and the protester's claim that the omission of a
bid guarantee was in good faith.
DECISION
Simont S.p.A. protests the rejection of its proposal by the Department of the Navy,
Naval Facilities Engineering Command (NAVFAC) under invitation for bids (IFB)
No. N33191-08-B-1005 for demolition and other services at the Naval Support Activity
Capodichino, Naples, Italy. Simont argues that its bid was improperly rejected for
lack of a bid guarantee, and explains that it omitted the bid guarantee in good faith
based on its reading of the amended IFB.
We deny the protest.
NAVFAC issued the IFB on June 17, 2008, seeking bids to perform the demolition of
Building 405 (also known as Hangar 405) and other structures, asbestos abatement
and removal, and site work. The original IFB included a provision requiring a bid
guarantee. Specifically, Federal Acquisition Regulation (FAR) § 52.228-1 Bid
'Additionally, block 13B of Standard Form 1442, the solicitation cover page, was
checked to indicate that [a]n offer guarantee is . .. required.](ViewImageLocal?handle=hein.gao/gaobadape0001&div=1&collection=&method=preview&ext=.png&size=3)