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B-190295 1 (1977-10-12)

handle is hein.gao/gaobadfen0001 and id is 1 raw text is: 















FILE: B-190295

MATTER   OF:


I,


DIGEST:

1.   Bid bond in amount  of 10 percent rather than required
     20 percent of bid  price renders bid nonresponsive
     because amount of  guarantee was not equal to or
     greater than the difference  between price stated
     in bid and next higher  acceptaole,bid, notvith-
     standing that difference  resulted from surety's
     typographical error.   Mistake may not be corrected
     to make nonrespon3ive  bid responsive, and may  .ut
     be waived.


Protest
in tial
that it


is summarily denied
submission demonstr
is not entitled to


because  protester's
ates affirmatively
relief.


     Alaska  Industrial Coating protests the anticipated
rejection of  its bid submitted under IFB DAKF 70-77-B-
0122, issued by  Fort Richardson, Alaska (Army).  The
protester indicates  that it submitted tha low bid in
responsc  to the solicitation, in the amount of $79,584.00,
that the second  low bid was in excess of $91,000.00,
but that as a  result of an inadvertent typographical
error the bid bond  furnished was in the amount of 10
percent of  the bid price, not 20 percent as required
by the solicitation.   The protester has been advised
by the Army  that its bid will be rejected due to this
discrepancy.

     The protester  urges that the Army waive the defi-
ciency as merely involving ar informality.  In this
connection the  surety has admitted that the error was
its faUlt, and  that it is ready and willing to issue
a performance bond  in the required amount.  Moreover,
counsel asserts,  the Government would save approximately
$12,000 if the deficiency  is waived.

     We believe  the issue presented may be decided oil
the basis of the protester's  initial submission and with-
out further development  pursuant to our protest proce-
dures, 4 C.F.R. 20 et  seg. (1977), because the documents

                       - 1-


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           THE  COMPTROLLER GEN1RAL
           CF   THE   UNITED UTATUS
           V/ AB}H INTON, 0.0.0S40




                 DATE:  October 12, 1977

Alaska Industrial  Coating


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071


2 .


14


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