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B-278042 1 (1997-11-10)

handle is hein.gao/gaocrptagei0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Brothers Construction Company, Inc. File: B-278042 Date: November 10, 1997 Philip Chung, Esq., Chung & Press, for the protester. Madeline Shay, Esq., Office of the Chief of Engineers, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where power of attorney certificate attached to bid bond is endorsed with a facsimile, rather than an original, signature of surety's authorized representative, bond is defective and renders bid nonresponsive, even though certificate was embossed with surety's raised corporate seal; corporate seal is prima facie evidence that power of attorney is an authorized act but, since it does not expressly evidence surety's intent to be bound in the absence of the original signature of its authorized representative, it is not sufficient to render bond acceptable. DECISION Brothers Construction Company, Inc. protests the rejection of its apparent low bid as nonresponsive for lack of a valid bid bond, under invitation for bids (IFB) No. DACW31-97-B-0050, issued by the U.S. Army Corps of Engineers, for the removal and replacement of an existing roof, and other related services, for the Dalecarlia Pumping Station located in Washington, D.C. Brothers contends that the Army unreasonably concluded that its bid bond was defective. We deny the protest. The solicitation required bidders to submit a bid guarantee. Brothers submitted a bid bond signed by Justin R. Klein as attorney-in-fact for Greenwich Insurance Company, the surety. Accompanying the bid bond was a power of attorney, which was divided into three parts.1 In part I, executed by Laura A. Shanahan in her capacity as vice president of Greenwich, Justin R. Klein was appointed as attorney- in-fact, with the power to execute bonds on behalf of the company. In part II, a notary authenticated Ms. Shanahan's signature. Part III, executed by Cathy A. Hauck in her capacity as second vice president and associate general counsel of 'A power of attorney is evidence that the named attorney-in-fact is authorized to sign the bid bond on the surety's behalf, binding the surety to its terms.

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