About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-406812.2 1 (2012-08-28)

handle is hein.gao/gaobadozp0001 and id is 1 raw text is: AL G A O0 Comptroller General Bo Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Bob Cummins Construction Company File: B-406812.2 Date: August 28, 2012 Gregory A. Henry, Esq., for the protester. William A. Lubick, Esq., U.S. Army Corps of Engineers, for the agency. Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's proposal was properly rejected where agency reasonably determined that the bid guarantee was defective because the surety may not be liable in the event that the protester failed to furnish a required payment bond after contract award. DECISION Bob Cummins Construction Company, of Bradford, Pennsylvania, protests the rejection of its proposal under request for proposals (RFP) No. W911WN-12-R- 0001, issued by the U.S. Army Corps of Engineers for construction services. We deny the protest. BACKGROUND The RFP provided for the award of a fixed-price contract for the construction of a new resident engineer office building at East Branch Lake in Elk County, Pennsylvania. RFP at 1. As pertinent here, offerors were required to submit a bid guarantee with their proposals for 20 percent of their proposed price, or $3 million, whichever was less. Id. at 13, 15. Offerors were informed that the contractor would be required to furnish performance and payment bonds within 10 calendar days after contract award.' Id. at 1. The RFP included standard FAR clause 52.228-1, 1 The Miller Act requires contractors performing government construction contracts to post acceptable surety bonds to insure completion of the work and the payment (continued...)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most