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B-311305 1 (2008-05-02)

handle is hein.gao/gaocrptavzx0001 and id is 1 raw text is: G A A Comptroller General of the United States United States Government Accountability Office Washington, DC20548 Decision Matter of: Tip Top Construction Corporation File: B-311305 Date: May 2, 2008 Michael A. Gordon, Esq., and Fran Baskin, Esq., Michael A. Gordon, PLLC, for the protester. Julia L. Perry, Esq., Department of Transportation, for the agency. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly rejected bid as nonresponsive for lack of a valid bid bond is denied where the contracting officer reasonably determined that the assets pledged by the surety, which were incapable of being placed in escrow, were unacceptable. DECISION Tip Top Construction Corporation protests the rejection of its apparent low bid as nonresponsive for lack of a valid bid bond, under invitation for bids (IFB) No. DTFH71-08-B-00002, issued by the Department of Transportation, Federal Highway Administration (FHWA), for construction of a five-leg roundabout on the island of St. John, U.S. Virgin Islands. Tip Top contends that the FHWA unreasonably concluded that its bid bond was defective. We deny the protest. The IFB, issued November 1, 2007, required each bidder to submit with its bid a bid guarantee, or bid bond,' in the amount of not less than 20 percent of the bid price or 1A bid guarantee is a form of security ensuring that a bidder will, if required, execute a written contract and furnish payment and performance bonds. Federal Acquisition Regulation (FAR) § 28.00 1; American Artisan Prods., Inc., B-292380, July 30, 2003, 2003 CPD 132 at 4. The guarantee is also available to offset the cost of reprocurement of the goods or services. Paradise Constr. Co., B-289144, (continued...)

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