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B-289144 1 (2001-11-26)

handle is hein.gao/gaocrptamtf0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity * Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Paradise Construction Company File: B-289144 Date: November 26, 2001 Howell R. Riggs, Esq., for the protester. Capt. Clay Robertson and John D. Inazu, Esq., Department of the Air Force, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's bid was properly rejected as nonresponsive where it contained a commercial bid bond form that limited the surety's liability to the government in the event of a default to the difference between the protester's bid and the new award amount, contrary to the terms of the solicitation, which required the surety to be liable for all reprocurement costs, up to the penal amount of the bond. DECISION Paradise Construction Company protests the rejection of its bid under invitation for bids (IFB) No. F12617-01-B0006, issued by the Department of the Air Force for the sealing of four maintenance hangar roofs. Paradise asserts that the Air Force improperly determined that its bid bond was insufficient and that its bid therefore was nonresponsive. We deny the protest. The IFB, which required bidders to submit a bid guarantee, incorporated Federal Acquisition Regulation (FAR) § 52.228-1, which provides that a bidder's failure to furnish the required bid guarantee in the proper form and amount may be cause for rejection of the bid, and further states, at subparagraph 1(e), as follows: In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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