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B-420504 Mar 03, 2022 1 (2022-03-03)

handle is hein.gao/gaomvb0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Leeward Construction Corporation File: B-420504 Date: March 3, 2022 David A. Levine, Esq., McNees Wallace & Nurick, LLC, for the protester. Katherine D. Denzel, Esq., Jason H. Shippy, Esq., and Scott C. Seufert, Esq., Department of the Army, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that the agency abused its discretion in rejecting a bid as nonresponsive for failing to provide a compliant bid bond based on prior GAO decisions finding that the identical commercial bid bond used by the protester was inconsistent with applicable legal requirements is dismissed as legally and factually insufficient. Procuring agencies do not abuse their discretion when they reasonably rely on prior GAO decisions with respect to identical legal issues where there are no intervening changes in controlling or persuasive authority or compelling, distinguishing legal or factual circumstances. DECISION Leeward Construction, Inc., of Honesdale, Pennsylvania, protests the exclusion of its bid as non-responsive under invitation for bids (IFB) No. W912BU22B0003, which was issued by the Department of the Army, U.S. Army Corps of Engineers, for safety modifications to the General Edgar Jadwin Dam in Wayne County, Pennsylvania. Leeward contends that the Army abused its discretion by rejecting the protester's bid bond as inconsistent with the IFB's requirements. For the reasons that follow, we dismiss the protest because it fails to state legally or factually sufficient bases of protest. BACKGROUND The IFB, which was issued on October 27, 2021, and subsequently amended twice, sought bids for the removal of riprap (or stone facing) on the upstream face of the

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