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B-418900 1 (2020-09-18)

handle is hein.gao/gaobaebsx0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States ---------------------------------------------------------------------------------------------------------------------- DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This version has been 1approved for public release. Matter of: Pacific Dredge and Construction, LLC File: B-418900 Date: September 18, 2020 Clinton D. Hubbard, Esq., Law Offices of Clinton D. Hubbard, for the protester. Allison J. Carmody, Esq., Department of the Army, for the agency. Heather Self, Esq., and Peter Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's rejection of bid as nonresponsive is denied because, notwithstanding prior dealing between the parties, agency reasonably rejected as defective a bid bond that limited the liability of the corporate surety with respect to excess reprocurement costs in the event of contractor default. DECISION Pacific Dredge and Construction, LLC, a small business of San Diego, California, protests the rejection of its bid as nonresponsive under invitation for bids (IFB) No. W912P720B0005, issued by the Department of the Army, United States Army Corps of Engineers (Corps) for dredging. The protester challenges the agency's rejection of its bid for failing to submit a valid bid bond. We deny the protest. BACKGROUND On May 14, 2020, the Corps solicited bids for annual maintenance dredging of the Stockton deep water shipping channel in San Joaquin County, California. Req. for Dismissal, attach. 1, IFB at 4. The solicitation provided that award would be made in accordance with Federal Acquisition Regulation (FAR) provision 52.214-19, which sets forth that the government will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation. Id. at 10; FAR provision 52.214-19. The solicitation required bidders to submit pricing for each item in the pricing schedule in order to be considered

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