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B-194054 1 (1979-02-22)

handle is hein.gao/gaobadgyw0001 and id is 1 raw text is: -THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. 0. c. 2o5 e 9 o2 9 FILE: B-194054 MATTER OF: DATE: February 22, 1979 Klean-Vu-Maintenance, Inc. -pLGo 0 1 DIGEST: 1. Bid which was not accompanied by bid guarantee as required by invitation for bids (IFB) is nonresponsive even if bidder's failure to submit bid guarantee prior to bid opening was due to erroneous advice of agency personnel since IFB stated that oral explanations were not binding and erroneous advice given by agency personnel cannot act to estop agency from rejecting nonresponsive bid as it is required to do so by law. 2. When it is clear from initial submission that protest is without legal merit, decision will be rendered without benefit of agency report. Klean-Vu-Maintenance, Inc. (Klean-Vu) has protested the rejection of its bid for cleaning and waterproofing work on the Peter Rodino Federal Building, Newark, 0gidd New Jersey by the General Services Administration (GSA) because of its failure to submit a bid guarantee prior to bid opening as required by the invitation for bids (IFB). Klean-Vu alleges that it did not submit a bid guarantee with its bid because a GSA employee erroneously told a representative of Klean-Vu by tele- phone that Klean-Vu would have sixty days after bid opening in which to submit a bid guarantee. A bidder's failure to submit a bid guarantee prior to bid opening as required by an IFB renders a bid nonresponsive and usually the bid must be rejected. Newport Ship Yard, Inc., B-191703, May 25, 1978, 78-1 CPD 400, and cases cited therein. The failure to submit a bid guarantee prior to bid opening cannot be waived except under circumstances which are not 5c1 ~ ~ ~ ~ ~ ~ (AC eCi'ic 7fIJ P utvci ~

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