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B-283286.2 1 (1999-11-29)

handle is hein.gao/gaocrptajlx0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Kemper Construction Company, hie. File: B-283286.2 Date: November 29, 1999 Stephen R. Remsberg, Esq., Lemle & Kelleher, for the protester. Edward Goldstein, Esq., Army Corps of Engineers, for the agency. Jennifer D. Westfall-Mc Grail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where bidder submitted a bid bond accompanied by a faxed copy of a power of attorney, and the bid documents did not establish that the surety would be bound by such a power of attorney, the bond was unacceptable and the bid nonresponsive. DECISION Kemper Construction Company, Inc. protests the rejection of its bid under invitation for bids (IFB) No. DACW29-99-B-0069, issued by the Army Corps of Engineers for construction of a shop and garage building at the Mississippi River Spillway, St. Charles Parish, Louisiana. The agency rejected Kemper's bid as nonresponsive because the power of attorney attached to its bid bond was a faxed copy. The protester contends that the copy was sufficient to bind the surety and thus should have been accepted. We deny the protest. The IFB, which was issued on June 15, 1999, required bidders to submit with their bids a bid bond in the amount of 20 percent of the bid price. Five bids were received by the bid opening time on July 15. Kemper was the apparent low bidder; Julius A. Payne Company, Inc. and Cooper Construction were second and third low, respectively; and DeLoach Corp. was fourth low. On July 16, DeLoach filed an agency-level protest, contending that the bids of Kemper, Payne, and Cooper should all be rejected as nonresponsive and that award should be made to DeLoach. The contracting officer agreed with DeLoach that Cooper's bid was nonresponsive, but denied the protest with regard to Kemper's and Payne's bids.

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