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B-409795 1 (2014-08-11)

handle is hein.gao/gaobadqmd0001 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: Hamilton Pacific Chamberlain, LLC File: B-409795 Date: August 11, 2014 Sean Milani-Nia, Esq., Fox Rothschild LLP, for the protester. David B. Dempsey, Esq., and James C. Fontana, Esq., Dempsey Fontana, PLLC, for the intervenor. Tony A. Ross, Esq., Department of Veterans Affairs, for the agency. Kathleen A. Gilhooly, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where an invitation for bids required the submission of a bid guarantee, the awardee's failure to submit an original bid guarantee at bid opening could not be waived as a minor informality and rendered the bid nonresponsive. DECISION Hamilton Pacific Chamberlain, LLC (HPC) of Waldorf, Maryland, protests the award of a contract to Utility Systems Solutions, Inc. (US2), of Dallas, Texas, under Invitation for Bids (IFB) No. VA-245-14-B-0046, issued by the Department of Veterans Affairs (VA) as a service-disabled, veteran-owned small business (SDVOSB) set-aside for steam trap replacement and installation of a new steam trap monitoring system at the VA Medical Center, Baltimore, Maryland. HPC contends that US2's bid was nonresponsive because US2 provided only a copy of its required bid guarantee with the bid. We sustain the protest. BACKGROUND The IFB required each bidder to submit an original and a copy of its sealed bid. IFB at 1. Bidders were also required to submit a bid guarantee, or bid bond: A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish

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