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B-286825 1 (2001-02-12)

handle is hein.gao/gaocrptamnm0001 and id is 1 raw text is: G A O0 Comptroller General A a * Integrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Schrepfer Industries, Inc. File: B-286825 Date: February 12, 2001 Andrew W. Loewi, Esq., and Shelby L. Katz, Esq., Brownstein Hyatt & Farber, for the protester. Thomas J. Ingram, IV, Esq., U.S. Army Corps of Engineers, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly determined bid bond accompanied by photocopied power of attorney unacceptable because photocopied power of attorney does not establish unequivocally at the time of bid opening that the bond would be enforceable against the surety in the event that the bidder fails to meet its obligations. DECISION Schrepfer Industries, Inc. protests the rejection of its low bid under invitation for bids (IFB) No. DACW45-00-B-0020, issued by the Army Corps of Engineers for the replacement of an irrigation conduit at Chatfield Lake in Littleton, Colorado. The Corps rejected Schrepfer's bid as nonresponsive because the power of attorney attached to its bid bond was a photocopy. Schrepfer contends that the copy was sufficient to bind its surety and thus should have been accepted. We deny the protest. The IFB, which was issued on August 1, 2000, required each bidder to submit a bid guarantee with its bid. Six bids were received and opened on the September 8 opening date. Schrepfer's bid was low; the bids of BRB Contractors, Inc. and BT Construction, Inc. were second and third low, respectively.

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