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B-291166.2 1 (2002-12-06)

handle is hein.gao/gaocrptaoig0001 and id is 1 raw text is: 




          G    A    O0                                                 Comptroller General
Accountability * Integrity* Reliability                                of the United States
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: All Seasons Construction, Inc.

          File:        B-291166.2

          Date:        December 6, 2002

          Donald A. Tobin, Esq., and Nick R. Hoogstraten, Esq., Bastianelli, Brown & Kelley,
          for the protester.
          Andrew J. Kilpatrick, Jr., Esq., Gore, Kilpatrick, Purdie, Metz & Adcock, for
          Witherington Construction Corp., an intervenor.
          Phillipa L. Anderson, Esq., Department of Veterans Affairs, for the agency.
          Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
          General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Contracting officer reasonably determined bid bond accompanied by power of
          attorney bearing computer printer-generated signatures unacceptable because
          signatures were not applied to the document after its creation and thus do not serve
          to authenticate its contents.
          DECISION

          All Seasons Construction, Inc. protests the rejection of its low bid under invitation
          for bids (IFB) No. 667-29-02, issued by the Department of Veterans Affairs (VA) for
          the construction of operating rooms at the Overton Brooks VA Medical Center in
          Shreveport, Louisiana. The contracting officer rejected All Seasons' bid as
          nonresponsive based on her determination that neither the power of attorney
          attached to the protester's bid bond nor the accompanying certification attesting to
          the authenticity of the power of attorney and its continuing effectiveness was an
          original document. The protester contends that the document containing the power
          of attorney and certification was an original, and that the bid should therefore have
          been accepted.

          We deny the protest.

          The IFB required each bidder to submit with its bid a bid guarantee in the amount of
          20 percent of the bid price or $3 million, whichever was less. IFB § 4.26. Four bids

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