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B-193116 1 (1979-01-30)

handle is hein.gao/gaobadgwn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE: January 30, 1979 B-193116 MATTER OF: Roderick Construction DIGEST: Bid which did not include bid bond was properly rejected despite bid- der's assertion, supported by em- ployees' affidavits, that bond was included with its bid package and was in Government's hands prior to bid opening. In absence of indepen- dent evidence to establish validity of bidder's assertion, bid may not be considered responsive. Roderick Construction protests the award by the Forest Service to a firm other than itself under invitation for bids No. R5-ll-78-32. When the Forest Service opened the low Roderick bid at bid opening no bid bond was allegedly found with the bid. Consequently, the Forest Service rejected the Roderick bid as nonre- sponsive and made award to the next low bidder. That contract has now been completed. Roderick has submitted a copy of the bid bond it allegedly submitted with its bid and affidavits from its employees and owners to the effect that they witnessed the placing of the bid bond in the bid envelope before the latter was sealed. Consequently, it is felt that employees of the Forest Service are at fault for any failure of the bid bond to be with the bid at bid opening. Forest Service employees have submitted statements that the bid envelope was accepted, placed in the bid box, and when opened con- tained the bid but no bid bond. Thus, it is the conclusion of the Forest Service that no bid bond was included in the bid envelope. We note that the furnishing of a bid bond is a material requirement that cannot be waived and that a failure to properly submit one prior to bid opening renders a bid non- responsive. Engineering Service Systems, Inc., B-192319, July 19, 1978, 78-2 CPD 53.

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