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B-402227 1 (2010-01-07)

handle is hein.gao/gaobadbdb0001 and id is 1 raw text is: 


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A        GA        O                                                 Comptroller General
.,u in  Accountability * Integrity * Reliability                       of the United States
  United States Government Accountability Office
  Washington, DC 20548

              D   ..
          Decision


          Matter  of:  TJ's Marine Construction LLC

          File:        B-402227

          Date:        January 7, 2010

          Tobin J. Tetterton for the protester.
          M. Brooke Lamson,  Esq., U.S. Army Corps of Engineers, for the agency.
          Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
          GAO,  participated in the preparation of the decision.
          DIGEST

          Where  an invitation for bids required the submission of a bid guarantee, agency
          properly rejected protester's bid as nonresponsive where protester's bid bond
          contained a copy of the surety agent's signature.
          DECISION

          TJ's Marine Construction LLC of Belhaven, North Carolina, protests the rejection of
          its bid by the U.S. Army Corps of Engineers (USACE) under invitation for bids (IFB)
          No. W912HN-09-B-0020  for the replacement of breakwaters at Belhaven Harbor in
          North Carolina. USACE  rejected TJ's Marine's bid because the protester's bid bond
          contained a copy of the surety agent's signature.

          We  deny the protest.

          The IFB required bidders to submit a bid guarantee, or bid bond, in the amount of
          20 percent of the bid price or $3,000,000, whichever was less. IFB at 19. Bidders
          were informed that an original and two copies of sealed bids were required, and the
          solicitation did not authorize submission of bids either electronically or by facsimile.
          Id. at 1, 12; Legal Memorandum at 2.

          TJ's Marine, which submitted the apparent second low bid,' provided a bid bond that


          1 The apparent low bid was rejected as nonresponsive for reasons that are not
          relevant to this protest. See Contracting Officer's Statement at 2.

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