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B-292864.2 1 (2004-04-13)

handle is hein.gao/gaocrptapii0001 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: Armstrong Elevator Company File: B-292864.2 Date: April 13, 2004 Roy S. Armstrong for the protester. Mark R. Warnick, Esq., General Services Administration, for the agency. Katherine I. Riback, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a sealed bid procurement which required the submission of a bid guarantee in the amount of 20 percent of the bid price, agency properly rejected protester's bid as nonresponsive, where the bid included a bid guarantee that stated that the penal sum amount was limited to 20 percent of the bid price, but the liability limit of the surety was limited to an amount that was significantly less than 20 percent of the bid price. DECISION Armstrong Elevator Company protests the rejection of its low bid as nonresponsive under invitation for bids (IFB) No. GS06P03GYC0014, issued by the General Services Administration (GSA) for elevator modernization in a federal building in Des Moines, Iowa. Armstrong's bid was found nonresponsive due to a defective bid bond. Armstrong contends that its bid bond contained an obvious typographical error that should have been waived by the agency. We deny the protest. The IFB provided for award of a fixed-price contract, for a base year and three 1-year options, for the performance of elevator modernization. Bidders were required to submit a bid guarantee with their bids in the amount of 20 percent of the bid price or $3 million, whichever was less. The solicitation provided that failure to provide a bid guarantee in the required form and amount, by the time set for bid opening, could be cause for the rejection of the bid. IFB at 11. The agency received five bids in response to the solicitation. The bids of the first and second low apparent bidders were determined to be nonresponsive. The next low apparent bid, submitted by Armstrong, was for a total bid amount of $1,750,000.

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