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B-401955 1 (2009-12-23)

handle is hein.gao/gaobadbcs0001 and id is 1 raw text is: li AL G A O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Excel Building & Development Corporation File: B-401955 Date: December 23, 2009 John M. Lawhorn, Esq., Frantz, McConnell & Seymour, LLP, for the protester. Bryan Ledford, for Bristol Group, Inc., an intervenor. Antonio T. Robinson, Esq., Department of Agriculture, 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 Where an invitation for bids required the submission of a bid guarantee, agency properly rejected protester's bid as nonresponsive where protester's bid bond contained a copy of the surety agent's signature. DECISION Excel Building & Development Corporation of Johnson City, Tennessee, protests the rejection of its bid by the U.S. Forest Service, Department of Agriculture, under invitation for bids (IFB) No. AG-4756-S-09-0042 for the construction of a campground bathhouse in the Cherokee National Forest. The Forest Service rejected Excel's bid because the protester did not submit an original bid bond as required by the IFB. We deny the protest. The IFB required bidders to submit an original bid guarantee, or bid bond, in the amount of 20 percent of the bid price. IFB at 18. Bidders were informed that hardcopy bids were required and that faxed or emailed bids would not be accepted. Id. at 3. Excel, which submitted the apparent low bid, provided a bid bond that contained the original signature of the principal and a copy of the surety agent's signature and seal. The contract specialist contacted the surety, who informed her that the original bond would have an original seal affixed to it. The contract specialist also contacted the surety's agent, who signed the bond, and he explained that he had emailed a copy of the bond to Excel and that the original, which he sent by FedEx, was received by the

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