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B-186060 1 (1976-07-23)

handle is hein.gao/gaobadcvq0001 and id is 1 raw text is: OtLER THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 LWITE.9 FILE: B-186060 DATE: July 23, 1976 MATTER OF: Charles Bainbridge, Inc. -7( DIGEST: Bidder's failure to submit bid bond in full amount required by solicitation leading to award of requirements contract may be waived where bondsubmitted is sufficient to cover estimated dollar difference between low bid and next low bid, even though actual dollar difference between the two bids cannot be determined until after completion of contract performance. Charles Bainbridge, Inc. (Bainbridge) has protested the decision of the General Services Administration (GSA) that its bid under invitation for bids (IFB) No. GS-03B-63011 issued January 7, 1976, for a 1-year requirements contract for paint- ing and related work in the North Area Buildings, Group No. 3, in Washington, D.C. was nonresponsive.because its bid bond was deficient. This situation arises from GSA's decision not to require bidders to quote unit prices or a total bid price. Instead, GSA listed in the IFB individual unit prices for the schedule items and required bidders to submit a single percentage factor (plus or minus) which, when multiplied by the GSA-established unit prices, would yield.bidders' actual unit prices proposed for each line item of work. Under this approach, award is made to the bidder submitting the most favorable percentage factor. Because there was to be no total bid price, GSA determined that the usual bid bond requirement of 20 percent of the bid price would be meaningless and instead required that the Bid Bond shall be in the amount of $80,000. This amount was based on a total dollar volume estimate of $400,000, which was revealed to bidders in Section 0110 of the Special Conditions of the IFB, as follows: The figures given herein show previous expenditures in dollars for a 12-month period or an estimate of the anticipated volume. The volume of work required and performed may vary according to the needs of the Government. Total Dollar Volume $ 400,000 . - 1 -

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