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B-190286 1 (1978-01-06)

handle is hein.gao/gaobadfnq0001 and id is 1 raw text is: 




                 s~ ~    THEr COMAPTROLLER   GENERAL
DECISIlN. (22          .& OF THE   UNITED BTATEB
                         W ASH It-G TON,  0,.C. 20G,40



FILE:    B-190286             DATE:  January 6, 1978

MATTER  OF:    P. W. Parker, Inc.


DIGEST:


     Bid which did not include bid bond was properly
     rejected despite bidder's assertion that bond
     was included with its bid package and was in
     Government's hands prior to bid opening. In
     absence ot independent evidence to establish
     that bond was submitted to Government prior
     to bid opening, bid may not be considered
     responsive.


     P. W. Parker, Inc.' (Parker) protests the rejection of
 its bid as nonrespon.ive for failure to submit a bid bond
 under Invitation for Bids (IFB) LGC-7-0226B1 for expansion
 of the utility building at Dulles International Airport
 issued by the Federal Aviation Administration (FAA).

     At bid opening, 14 bids were received with Parker sub-
 mitting the low bid.  However, it was discovered shortly
 after bid opening that Parker's bid did not include the
 required bid bond, and the contracting officer notified
 Parker that its bid had been rejected. Parker protested
 to the FAA and subsequent to a denial by that agency filed
 a timely protest with our office.

     Parker's bid package was hand-carried to the bid open-
 ing room prior to the time set for opening. Because Parker
 had indicated on page four of the IFB that a bid bond was
 enclosed, the bid opening officer announced that a bid bond
 was included with Parker's bid. The bid opening officer,
 however, states that at no time did she see Parker's bid
 bond.

     Shortly after bid opening, the contract specialist dis-
 covered that a bid bond had not been included with Parker's
 bid.  The record shows that the contract specialist care-
 Lally retraced his steps to insure that the bond had not


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