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B-403329 1 (2010-10-15)

handle is hein.gao/gaobadbnp0001 and id is 1 raw text is: Ii .L A GA O Comptroller General f. A Accountabity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Hostetter, Keach & Cassada Construction, LLC File: B-403329 Date: October 15, 2010 Bonnie Keith Green, Esq., Shumaker, Loop & Kendrick, LLP, for the protester. Kevin L. Pearson, Esq., Department of Veterans Affairs, for the agency. Christina Sklarew, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's bid is responsive despite a discrepancy in the names of the bidder and the bid bond principal, where the record shows that the bidder and bid bond principal are the same entity so that it is certain that the surety would be liable to the government in the event that the bidder withdrew its bid or failed to execute a written contract or to furnish required performance and payment bonds. DECISION Hostetter, Keach & Cassada Construction, LLC, of Pineville, North Carolina, protests the rejection of its bid as nonresponsive under invitation for bids (IFB) No. VA-246-10-IB-0089, issued by the Department of Veterans Affairs (VA) for a construction project at the VA Medical Center in Salem, Virginia. The VA rejected Hostetter's bid because of a discrepancy in the names of the bidding entity and of the principal on the required bid bond. We sustain the protest. BACKGROUND The IFB, issued as a service-disabled, veteran-owned small business concerns set-aside, required bids to include a bid guarantee in the amount of 20 percent of the bid or $3 million, whichever was the lesser amount, and included Federal Acquisition Regulation (FAR) clause 52.228-1, informing bidders that the failure to furnish a bid guarantee in the proper form and amount may result in the rejection of the bid. IFB at 5, 12.

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