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B-284820 1 (2000-06-12)

handle is hein.gao/gaocrptalbo0001 and id is 1 raw text is: _ _ _ 0 Comptroller General * - -- - - - _of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Harris Excavating File: B-284820 Date: June 12, 2000 Darcy V. Hennessy, Esq., Moore Hennessy & Freeman, for the protester. Richard A. Say, Esq., U.S. Army Corps of Engineers, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's bid is responsive, despite a discrepancy in the name of the bidder as identified on the bid and the name of the principal identified in the required bid bond, where reasonably available extrinsic evidence in existence at the time of bid opening establishes that the bidder and principal are the same entity, such that there is no doubt that the surety will be liable under the bond to the government on the bidder's behalf. DECISION Harris Excavating protests the rejection of its bid and the award of a contract to Smoky Hill LLC under invitation for bids (IFB) No. DACW41-00-B-0001, issued as a total small business set-aside, by the U.S. Army Corps of Engineers, Kansas City District, for construction services. The Corps rejected Harris's bid because the names of the bidding entity and of the principal on the required bid bond were different. We sustain the protest. The IFB required bidders to submit a bid guarantee in the amount of 20 percent of their bid price. IFB at 1, 00100-1. The solicitation included the required clause at Federal Acquisition Regulation (FAR) § 52.228-1(a), which informed bidders that the failure to furnish a bid guarantee in the proper form and amount may result in the rejection of the bid. IFB at 00700-80, 00700-81.

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