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B-414843 1 (2017-09-25)

handle is hein.gao/gaobadtvs0001 and id is 1 raw text is: 



GO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of: Intercontinental Construction Contracting, Inc.

File:        B-414843

Date:       September 25, 2017

Hal J. Perloff, Esq., Husch Blackwell LLP, for the protester.
James H. Roberts III, Esq., Van Scoyoc Roberts PLLC, for Benaka, Inc., the intervenor.
Deena G. Braunstein, Esq., Department of the Army, for the agency.
Nora K. Adkins, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Agency properly rejected a bid as non-responsive where the individual signing the bid
bond as attorney-in-fact failed to include with the bid bond evidence of his authority to
bind the surety.
DECISION

Intercontinental Construction Contracting, Inc. (ICCI), a small business located in
Passaic, New Jersey, protests the rejection of its bid under invitation for bids (IFB)
No. W912QR-17-B-0006, which was issued by the Department of the Army, U.S. Army
Corps of Engineers for work on the Army Reserve Center in Bullville, New York. The
protester argues that the agency improperly rejected its bid as non-responsive.

We deny the protest.

The IFB was issued on March 24, 2017, as a small business set-aside. IFB at 1. The
solicitation sought bids for the construction, addition, and alteration of an existing
150-member Army Reserve Center in Bullville, New York. Id. The IFB contemplated
the award of a fixed-price contract, and 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. Id. at 3-4, 18. The solicitation stated that failure to furnish a bid
guarantee in the proper form or amount, by the time set for opening of bids, may be
cause for rejection of the bid. Id. at 18.

The agency conducted a public bid opening on May 3, and four bids were received.
Contracting Officer's Statement at 2; Agency Report (AR), Tab 7, Tabulation of Bids,

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