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B-209446.2 1 (1983-04-29)

handle is hein.gao/gaobadlbc0001 and id is 1 raw text is: 0 THE COMPTROLLER GENERAL DECISION O F THE UNITEO STATES WASHINGTON. 0.C. 20548 FILE: B-209446.2 DATE: April 29, 1983 MATTER OF: Hancon Associates - Request for Reconsideration DIGEST: Prior decision holding that bid bond naming two different sureties was materially defective is reversed since under facts and circumstances it now appears that contingency feared--the intended surety's ability to avoid any obligation under the bond--is too remote in view of other indicia on or accom- panying bond reasonably indicating that the surety would be bound. Hancon Associates requests that we reconsider our decision in Atlas Contractors, Inc., B-209446, March 24, 1983, 83-1 CPD , sustaining Atlas' protest. In that decision, we hel--that Hancon's bid, for construction of a commissary at Carswell Air Force Base, Fort Worth, Texas, should be rejected as nonresponsive because the accompany- ing bid bond was materially defective. Hancon contends that the original protest by Atlas should have been dis- missed as untimely and argues that our decision is legally incorrect. For the reasons that follow, we reverse our decision. In deciding the merits of the protest, we held that the Hancon bid bond was fatally defective because it identified two different sureties. The bond listed Lumbermens Mutual Casualty Company in the place at the top of the bond form reserved for the designation of sureties. United States Fidelity and Guaranty Company (USF&G) was, however, listed as the surety at the bottom of the bond. Although Lumbermens' corporate seal was affixed to the bond and a power of attorney was submitted with the bond which designated Sheryl A. Klutts, among other persons, as Lumbermens' agent to make, execute, seal, and deliver * * * any and all bonds * * *, we found that the dis- crepancy between the sureties listed at the top and the 0oZ 54 .L

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