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B-261948 1 (1995-11-01)

handle is hein.gao/gaocrptacdk0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision


Matter of: Shackelford Mechanical, Inc.

File:       B-261948

Date:       November 1, 1995

William R. Purdy, Esq., Ott & Purdy, for the protester.
Marilyn W. Johnson, Esq., and Cynthia S. Guill, Esq., Department of the Navy, for
the agency.
Jacqueline Maeder, Esq., and Paul Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Agency properly determined that a bid bond was defective, and the bid therefore
nonresponsive, where the surety's power of attorney authorizing the named
attorney-in-fact to sign the bid bond on the surety's behalf contained an undated
certification that the power of attorney had not been revoked, raising the question
of whether the power of attorney had been revoked prior to the execution of the
bid bond.
DECISION

Shackelford Mechanical, Inc. protests the rejection of its bid as nonresponsive, and
the award of a contract to C.R. Hipp, Inc., under invitation for bids (IFB)
No. N62467-94-B-0886, issued by the Department of the Navy for the extension of a
natural gas piping system at Charleston Air Force Base, Charleston, South Carolina.

We deny the protest.

The Navy received four bids at bid opening on June 13, 1995. Shackelford
submitted the apparent low bid of $1,465,947, and Hipp's bid was second low at
$1,642,419. Along with its bid, Shackelford submitted the required bid bond on
standard form 24. The bond was dated May 23, 1995, and signed by D.M. Ferris as
attorney-in-fact for the surety, St. Paul Fire and Marine Insurance Company. The
bond was accompanied by a power of attorney from the surety listing D.M. Ferris
as an attorney-in-fact. The power of attorney was signed by the secretary of the
surety and notarized on October 25, 1994; however, the certification provision in the


'In the context of bid bonds, a power of attorney is the authority given one person,
the attorney-in-fact, to act on behalf of a surety company in signing bonds. Federal
Acquisition Regulation (FAR) § 28.001.


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