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B-406284 1 (2012-03-23)

handle is hein.gao/gaobadorh0001 and id is 1 raw text is: AL G A O0 Comptroller General 211=Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Capture, LLC File: B-406284 Date: March 23, 2012 Marcus Carter, Government Contractor Services, for the protester. Antonio R. Franco, Esq., and Kathryn V. Flood, Esq., Piliero Mazza PLLC, for Seawolf Construction Corp., the intervenor. Rebecca L. Tranthem, Esq., Department of Veterans Affairs, for the agency. Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's bid bond was properly rejected where the protester attached a letter to the bid bond stating that the surety's support for the protester was contingent upon a number of conditions. DECISION Capture, LLC, of Tampa, Florida, protests award of a contract to Seawolf Construction Corp. of Jersey City, New Jersey, under request for proposals (RFP) No. VA-248-1 1 -RP-0201, issued by the Department of Veterans Affairs (VA) for the expansion of a parking garage at the VA Medical Center in Gainesville, Florida. Capture challenges the rejection of its proposal, where the agency found that the protester's bid bond was defective. We deny the protest. BACKGROUND The RFP provided for award of the contract on a lowest-price, technically acceptable basis without conducting discussions. Among other things, the RFP required offerors to submit a bid guarantee for 20% of the bid price or $3 million, whichever was less. See RFP at 17, 21. Offerors were warned that the failure to furnish the required bid guarantee in the proper form and amount would result in the rejection of the bid. Id. at 17.

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