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B-297115 1 (2005-10-20)

handle is hein.gao/gaocrptaqzd0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Johnson Machine Works, Inc. File: B-297115 Date: October 20, 2005 Steven L. Briggerman, Esq., Grace Bateman, Esq., John T. Bergin, Esq., and Jamison L. Weinbaum, Esq., Seyfarth Shaw LLP, for the protester. David J. Buono, Esq., Dunn Carney Allen Higgins & Tongue LLP, for Oregon Iron Works, Inc., an intervenor. William A. Lubick, Esq., Army Corps of Engineers, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where corporate surety's power of attorney form attached to bid bond failed to designate the individual who signed the bond on behalf of the surety as an attorney- in-fact authorized to bind the surety, contracting agency properly determined the bond was defective and the bid nonresponsive because it is not clear whether the surety would be bound. Evidence of the authority of surety's agent to sign bid bond on behalf of the surety must be furnished with a bid prior to bid opening, and failure to furnish it renders the bid nonresponsive. DECISION Johnson Machine Works, Inc. (JMW) protests the rejection of its low bid under invitation for bids (IFB) No. W911WN-05-B-0004, issued by the Army Corps of Engineers, Department of the Army, for work on the Emsworth Locks and Dams, located on the Ohio River in western Pennsylvania. The Corps rejected JMW's bid because the surety's power of attorney attached to the bid bond failed to designate the individual who signed the bond on behalf of the surety as an attorney-in-fact authorized to bind the surety. We deny the protest. The IFB, issued on July 22, 2005, sought the fabrication and delivery of two vertical lift gates as part of the rehabilitation project of the Emsworth Locks and Dams, to be performed within 180 calendar days after receipt of the Notice to Proceed. The IFB

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