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B-401841 1 (2009-12-04)

handle is hein.gao/gaobadbbs0001 and id is 1 raw text is: 


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          G    A   O                                                  Comptroller General
.,u in  Accountability * Integrity * Reliability                      of the United States
  United States Government Accountability Office
  Washington, DC 20548

              D  ..
          Decision


          Matter  of:  BW JV1, LLC

          File:        B-401841

          Date:        December 4, 2009

          Joshua B. Levy, Esq., and Julie P. Wilson, Esq., Crivello Carlson, SC, for the
          protester.
          Helen Swietlik Henningsen, Esq., Department of Veterans Affairs, for the agency.
          Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
          GAO,  participated in the preparation of the decision.
          DIGEST

          Agency properly rejected bid of a joint venture that submitted a bid bond that states
          that it was executed by a corporation, which was one of the joint venture members,
          and the joint venture agreement provided that both joint venture members were
          required to execute the bid bond.
          DECISION

          BW  JV1, LLC of Milwaukee, Wisconsin, protests the rejection of its bid by the
          Department  of Veterans Affairs (VA) under invitation for bids (IFB) No. VA-69D-09-
          IB-0319 for renovations at the Clement J. Zablocki VA Medical Center in Milwaukee.
          The VA rejected BW JV1's bid as nonresponsive because the agency could not
          determine that the principal named on the bid bond was the same entity as that
          identified in BW JV1's bid.

          We  deny the protest.

          The IFB required bidders to submit a bid guarantee, or bid bond, of not less than
          20 percent of the bid price but not to exceed $3,000,000. IFB at 9. BW JV1 submitted
          the apparent low bid. Agency Report (AR) at 2.

          The protester's bid identified the bidder as BW JV1 of 2735 S. Krahn Road, New
          Berlin, Wisconsin, and was signed by Bruce Witt, President, and Keith Harenda,

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