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B-193519 1 (1979-02-13)

handle is hein.gao/gaobadgxs0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-193519 DATE: February 13, 1 MATTER OF: Elevator Sales & Service, Inc. DIG EST: 1. Protest based upon argument that Miller Act amendment enacted prior to bid opening but after solicitation issuance invalidated IFB provision requiring bid bond is untimely and will not be considered on merits, since basis for protest was known to protester before bid opening but protest was-not-f until after bid opening. 4 C.F.R. S 20.2(b)(1 (1978). 2. Bid guarantee is material part of IFB which cannot be waived by contracting agency. There- fore, failure to provide bid bond where solicita- tion required one renders bid nonresponsive and agency action in rejecting bid was proper. Pro- test is denied. Elevator Sales & Service, Inc.. (ESS), filed a protest with our Office on November 20, 1978, against award of a contract for elevator repairs pursuant to invitation for bids (IFB) No. N62472-78-B-4666, issued by the Department of the Navy on October 11, 1978. ESS protests that its bid was imp operly rejected as nonre- sponsive by the Navy for failur. to provide a bid bond required by the IFB. The IFB required each bid of more than $2,000 to be accompanied by a bid bond in an amount equal to 20 percent of the amount bid and cautioned that failure to submit the bid guaranty on time is cause for rejection of the bid. When bids were opened on November 14, 1978, only two bids had been received. ESS's bid of $8,920 was low but was not accompanied by a bid bond. Instead, ESS's bid was accompanied by a letter dated November 10, 1978, which stated that no bid bond was being furnished because ESS understood the requirement for a bid bond to apply only to jobs for over $25,000. The other bid, in the amount of $9,865, was submitted by State Elev tor

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