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B-272179 1 (1996-09-05)

handle is hein.gao/gaocrptaehy0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Frank and Son Paving, Inc. File: B-272179 Date: September 5, 1996 William L. Bruckner, Esq., Bruckner & Walker, for the protester. George N. Brezna, Esq., and Diane D. Hayden, Esq., Department of the Navy, for the agency. Christine Davis, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Bid including only a photocopy of the required bid bond is nonresponsive. DECISION Frank and Son Paving, Inc. protests the rejection of its bid under invitation for bids (IFB) No. N68711-93-B-2285, issued by the Department of the Navy, Naval Facilities Engineering Command, for the repair and resurfacing of specified streets and parking lots on the Marine Corps Logistics Base, Barstow, California. The Navy rejected Frank and Son's bid as nonresponsive because the bidder submitted a photocopy of the required bid bond with its bid. The protester argues that the rejection of its bid for this reason was improper. We deny the protest. The IFB required bidders to submit with their bids a bid bond in the amount of 20 percent of the bid price. The IFB authorized facsimile copies of any power of attorney attached to the bond. The Navy received 14 bids at bid opening on April 3, 1996. Frank and Son submitted the apparent low bid of $275,004. Along with its bid, Frank and Son submitted photocopies of the required bid bond and power of attorney.1 The power of attorney appointed Michael E. Cundiff as attorney-in-fact for the surety, American Motorists Insurance Company, and Mr. Cundiff's signature appeared on the 1Frank and Son states that it received facsimile copies of the bid bond and power of attorney from its surety, which it photocopied and submitted with its bid. 25195

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