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B-190080 1 (1977-12-12)

handle is hein.gao/gaobadfle0001 and id is 1 raw text is: STHE COMPTRaOLWER 010NERAL DECISION . ' P. OF THE UNITEC STCTEU WASHINiGTON. O.C. Ro548 c FILE: B-190080 DATE: December 12, 1977 MATTER OF: Darisville Construction Co. DIGEST: Agency properly rejected as nonresponsive bid with bid bond $4, 700 less than required since deficiency is not de minimis and bid 'ond cannot be corrected because miistFin bid procedures are not available to make a nonresponsive bid responsive. Davisville Const uction Cu; .(Davisville) protests rejection of the low bid it submitted pursuant to invitation for bids (IFB) No. GS-00B- 03399 issuediby the Public Buildings Service, General Services Admin- istration (GSA). The IFB called for bids for the replacement of a roof on a Federal building in Philadelplla and required that all bids be accompanied by a bid guarantee in the amouftt of 20 percent of the bid price or .3, 000, 000 whichever is less. While Davisvillc indicated on the Standard Form 21 its intention to prorided a bid bond in the amount of 20 peient of its bid price of $47, 000, the bid guarantee as submitted was 'n the amount of 100/i of amount bid. Its bid was rejected as nonresponsive and Davisville protested to this Office. Davisville contends that the 10% bid guarantee was the ra.iult of a typographical error made by its bonding company and that its bid history shows that the bonding company always provides a 20 per- cent bond on its bids, thereby indicating a typographical error in this case. Davisville points out that GSA's determination will 'ost the Government $4, 953 more to obtain performance from the rext low bidder rather than by accepting the $47, 000 bid of Davisville. Although the b.d bond'in the amount of 10 percent of bid price may have resultee .rora a typ9 graphical error, the bid as submitted was clearly nonresp'onsive t the requirements 'of the IF3. The mistake in bid pro'-edures are not available to correct a nonresponsive bid in order to make it responsive. Waper Moving and Storage, B-185725, April 8, 1976, 76-1 a 23t; ashore Systems Corpora- tion, 56 Comp. Gen. B3 (1976), 76-2 CP13 b95. -1-

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