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![handle is hein.gao/gaobadpfb0001 and id is 1 raw text is:
G A O Comptroller General
r Accountablity * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548
Decision
Matter of: BCI Construction USA, Inc.
File: B-407451
Date: December 4, 2012
Ronald J. Garber, Esq., Weissmann Zucker Euster Morochnik, PC, for the protester.
Willie J. Williams, Esq., Department of the Army, for the agency.
Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Where an invitation for bids required the submission of a bid guarantee, agency
properly rejected protester's bid as nonresponsive where protester's bid bond listed
an incorrect bid opening date and a solicitation number for a different procurement.
DECISION
BCI Construction USA, Inc., of Belleville, Illinois, protests the rejection of its bid
under invitation for bids (IFB) No. W91237-12-B-0003, issued by the Department
of the Army, Corps of Engineers, for construction services at Bolivar Dam in Ohio.
We deny the protest.
BACKGROUND
The IFB, which was issued by the agency's Huntington District on July 6, 2012,
provided for the award of a contract for service gates replacement, Big Sandy
Creek of Tuscarawas River, Bolivar, O[hio], Bolivar Dam. IFB at 1. Bidders were
required to submit a bid guarantee, or bid bond, in the amount of 20 percent of the
bid price or $3,000,000, whichever was less.' Id. at 90. The IFB advised bidders
1 A bid guarantee is a form of security that ensures that a bidder will not withdraw its
bid within the period specified for acceptance and, if required, will execute a written
contract and furnish required performance and payment bonds. Federal Acquisition
Regulation (FAR) § 28.001. The bid guarantee secures the surety's liability to the
government, thereby providing funds to cover the excess costs of awarding to the
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