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B-408585 1 (2013-11-13)

handle is hein.gao/gaobadpwe0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: IMR Development Corporation File: B-408585 Date: November 13, 2013 Theresa Case, IMR Development Corporation, for the protester. Brian R. Reed, Esq., Department of Veterans Affairs, for the agency. Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting officer reasonably determined protester's bid bond in an amount less than the required 20 percent was unacceptable because the amount of the bid bond was less than the difference between protester's low bid and the second lowest bid. DECISION IMR Development Corporation, of Hollywood, Florida, protests the rejection of its bid as nonresponsive under invitation for bids (IFB) No. VA251-13-B-0227, issued by the Department of Veterans Affairs (VA) for building renovation services. The VA rejected IMR's bid because the penal sum of its bid bond was less than the 20 percent required by the solicitation and the discrepancy in the bid bond could not be waived. We deny the protest. The IFB required bidders to submit a bid guarantee, or bid bond, for 20 percent of the bid price or $3 million, whichever was the lesser amount, and included Federal Acquisition Regulation (FAR) § 52.228-1, informing bidders that the failure to furnish a bid guarantee in the proper form and amount may result in the rejection of the bid unless it falls under one of the exceptions specified in FAR § 28.101-4. IFB at 14, 22. Of the seven timely bids received, IMR submitted the apparent low bid of $425,054.88 and Cannon Management Group (Cannon) submitted the second lowest bid of $489,000.00. Contracting Officer Statement at 1; Agency Report (AR) exh. 2, Bid Abstract at 2. With its bid, IMR submitted a standard form (SF) 24 bid

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