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B-271236.3 1 (1996-09-10)

handle is hein.gao/gaocrptaedl0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Jay Jackson & Associates

File:        B-271236.3

Date:        September 10, 1996

Jay R. Jackson for the protester.
Lila Hamblin, Department of Agriculture, for the agency.
Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Where bidder failed, after being given repeated opportunities, to furnish
documentation which adequately supported the acceptability of proposed individual
surety, the agency reasonably found the surety unacceptable and properly rejected
the bid.
DECISION

Jay Jackson & Associates (JJA) protests the rejection of its bid and the award of a
contract to Harvest Construction Company under invitation for bids (IFB)
No. R3-12-96-04, issued by the Department of Agriculture for the construction of a
road at Simpson Lake. JJA asserts that its bid was improperly rejected on the basis
that its proposed individual bid bond surety was unacceptable.1

We deny the protest.







1We previously dismissed JJA's protest for failure to file comments on the agency
report, or request an extension within 14 calendar days after receipt of the report as
required by our Bid Protest Regulations, 4 C.F.R. § 21.3(h) (1996). While we had
received a letter from the protester dated after the report due date, it appeared to
seek only general guidance regarding the use of individual sureties and did not
directly address the material presented in the agency report. The protester
subsequently explained that it had intended the May 6 letter to constitute its
comments on the report. Under these circumstances, we will consider the merits of
the protest.


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