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B-410955 1 (2015-03-30)

handle is hein.gao/gaobadrax0001 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-410955

         Date:       March 30, 2015

         Sean Milani-Nia, Esq., Fox Rothschild LLP, for the protester.
         Tyler W. Brown, Esq., Department of Veterans Affairs, for the agency.
         K. Nicole Willems, Esq., and Jennifer Westfall-McGrail, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         A bid bond is defective where no penal sum has been inserted on the bond, and the
         bond does not otherwise establish the intention of the surety to be bound in the
         required amount.
         DECISION

         Hamilton Pacific Chamberlain, LLC, of Waldorf, MD, protests the rejection of its bid
         under invitation for bids (IFB) No. VA246-14-B-1 143, issued by the Department of
         Veterans Affairs (VA) for the upgrade of a heating, ventilation, and air conditioning
         (HVAC) system. The protester argues that the agency improperly rejected its bid as
         noncompliant with the bid guarantee requirements in the solicitation.

         We deny the protest.

         BACKGROUND

         The IFB, issued on September 5, 2014, sought bids for the replacement and
         upgrade of an HVAC system at the Hunter Holmes McGuire VA Medical Center in
         Richmond, Virginia. The IFB, which was set aside for service-disabled, veteran-
         owned small businesses, contemplated the award of a fixed-price contract. IFB at
         10, 13. The solicitation required bidders to submit a bid guarantee with their bids, in
         the amount of twenty percent of the bid price or three million dollars, whichever was
         less. IFB at 15.

         The agency conducted a public bid opening on October 7, and eight bids were
         received. Contracting Officer's (CO's) Statement at 1. Hamilton Pacific

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