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B-400712 1 (2008-12-16)

handle is hein.gao/gaobadarl0001 and id is 1 raw text is: 


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          G     A   O                                                 Comptroller General
fi.7!7  Accountabiity * Integrity * Reliability                        of the United States
  United States Government Accountability Office
  Washington, DC 20548

              D   ..
          Decision


          Matter  of:  Mill City Partnership

          File:        B-400712

          Date:        December  16, 2008

          Richard E. Briansky, Esq., Prince, Lobel, Glovsky & Tye, for the protester.
          Gary J. Campbell, Esq., McCarter & English, LLP, for the intervenor.
          Madeline Shay, Esq., Corps of Engineers, for the agency.
          Cherie Owen, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Bid of a joint venture, which submitted a bid bond in the name of only one of the
          corporations forming the joint venture, was properly rejected by the agency as
          nonresponsive.
          DECISION

          Mill City Partnership of Lowell, Massachusetts protests the rejection of its bid under
          invitation for bids (IFB) No. W912WJ-08-B-0006, issued by the Army Corps of
          Engineers, for environmental restoration of the Mill River and Mill Pond in Stamford,
          Connecticut. The Corps determined that Mill City Partnership's bid was
          nonresponsive because there was a discrepancy between the legal entity shown on
          the bid and the legal entity shown on the bid bond.

          We  deny the protest.

          The IFB, issued on August 11, 2008, required a bid guarantee in the form of a bid
          bond  in the amount of 20 percent of the bid. Mill City Partnership, the apparent low
          bidder at $5,678,625, identified itself in the bid forms alternately as Mill City
          Environmental Corp. (MCE), or Mill City Environmental Corp. w/ Teaming Partner
          C.R.C. Co., Inc. (Mill City Partnership).' Agency Report (AR) Tab 13.



          1 While the bid contains conflicting statements as to whether the bid was submitted
          by MCE  or Mill City Partnership (see Contracting Officer's Statement at 3), it is
                                                                            (continued...)

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