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B-185985 1 (1976-05-27)

handle is hein.gao/gaobaddls0001 and id is 1 raw text is: L LER THE COMPTROLLER GENERAL DECISIO N OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-185985 DATE: May 27, 1976 MATTER OF: Webb Builders Hardware Inc. DIGEST: 1. Where bid bond accompanying low bid omitted the Certificate as to Corporation, such omission may be waived as minor deviation, since surety was fully liable as bid bond was otherwise in order. 2. Failure of corporate surety to have signature attested to by subscribing witness does not affect execution as bid bond instruction (Form No. DC 2640-5) requires only individuals to supply witnesses. 3. Contracting officer has primary responsibility to determine authority of individual to bind bidder. Based on the record, contracting officer had reasonable basis to conclude that questioned individual was authorized to sign bid on behalf of corporation. Invitation for bids (IFB) No. 1180-AA-02-0-5-CC (Carpentry), for the District of Columbia New Court Facility, was issued by the District of Columbia on December 9, 1975. At bid opening on February 24, 1976, Cord Contracting Co., Inc. (Cord), was the low bidder. The bid bond of Cord was signed by its corporate secretary and attested to by the company's vice president. However, the Certificate as to Corporation was not properly executed and the signature of the surety was not attested to on the bid bond form. The contracting officer waived the irregularities as minor devia- tions concluding that the low bid of Cord was responsive and that the bid bond was valid. The protest of Webb Builders Hardware Inc. (Webb), to our Office followed. Webb protests the award to the low bidder contending that the failure to properly execute the bid bond rendered Cord's bid non- responsive. After bid opening, Cord furnished the contracting officer a copy of the minutes of a special joint meeting establish- ing the authority of the corporate secretary to sign the contract and bidding documents. The contracting officer considered the bid bond of Cord to be enforceable in that it was signed by the required principals and a power of attorney was included for the signature of the surety. For the reasons that follow, we concur with the contract- ing officer's decision. - 1 -

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