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B-191703 1 (1978-05-25)

handle is hein.gao/gaobadgca0001 and id is 1 raw text is: I .(tP Siegle, P- \ THE COMPTROLLER GENERAL DECISION .18. 1. OF THE UNITED BTATEB ,.a# WA8H I NGC3TON, 0.C, 2 05M40C F;iLE: B-191703 DATE: May 25, 1978 MATTER OF: Newport Ship Yard, Inc. DIGEST: 1. Where IFB required bidder to submit bid guarantee which would be a'vaila'fle in event bidder later failed to provide performance and payment bonds, bid was properly rejected as nonresponsive when accompanied by irrevocable letter of credit which wcs available only if performance bond was not furnished. 2. Nonresponsive bid may not be made responsive through procedures for correction of mistaces in bid Newport Ship Yard, Inc. (Newport) has protested the rejection of its bid under Invitation for Bids (Xia) No. AMC-78-17 for tepairs to NOAA vessels Pe.rce and Whiting. The bid was rejeclted on the determination that it was nonresponsive as the letter o! credit accompanying the bid, in lieu of E. bid guarantee bond, provided chat it would be effective upon Newport's failure to provide a performance bond within seven days of acceptance of bid and to enter into any formal contract. The letter of credi't made no mention of a payment bond as required by the IFB. Newport contends that the failure of the bank to include the provision for a payment bond in the letter of credit was a clerical typographical error by the financial institution and Newport subsequently for- warded a letter of credit which included coverage of a payment bond. I

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