Specialized Contract Services, Inc., B-283451, October 21, 1999

B-283451 Oct 21, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Where it was possible to identify. From evidence that was existing and publicly available at the time of bid opening. 125 was low and SCSI's total bid of $224. 625 was second low. The bid submitted by Heavenly Ham was signed by Robert W. " the blank for "sole proprietorship" was checked and included the following hand written notation: "Limited Liability Corp.". The protester points out that Heavenly Ham is a "nationwide franchise" and "all the stores do business as (dba) 'Heavenly Ham' operating under the franchise agreement.". The protester adds here that the business license issued to the entity doing business at the proposed awardee's address is Knox-Ham Enterprises. " and stated that it was doing business as "Heavenly Ham.". View Decision Matter of: Specialized Contract Services, Inc. File: B-283451 Date: October 21, 1999 DIGEST Attorneys DECISION Specialized Contract Services, Inc. (SCSI) protests the proposed award of a contract to Heavenly Ham under invitation for bids (IFB) No. DABT23-99-B-0035, issued by the Department of the Army for meals for military applicants at the Military Entrance Processing Station, Knoxville, Tennessee. We deny the protest. The agency received three bids by the bid opening date of August 9, 1999. Heavenly Ham's total bid of $193,125 was low and SCSI's total bid of $224,625 was second low. Agency Report, Tab M, Abstract of Bids. The bid submitted by Heavenly Ham was signed by Robert W. Tonker, Jr., and identified the bidder as follows: Heavenly Ham 9307 Kingston Pike Knoxville, TN 37922 Agency Report, Tab F, Heavenly Ham Bid, at 1. In Heavenly Ham's representation and certification as to its "corporate status," the blank for "sole proprietorship" was checked and included the following hand written notation: "Limited Liability Corp." Id. at 17. SCSI protests that the bid submitted by Heavenly Ham must be rejected, arguing that "the legal entity 'Heavenly Ham' did not submit the bid." Protest at 2. The protester points out that Heavenly Ham is a "nationwide franchise" and "all the stores do business as (dba) 'Heavenly Ham' operating under the franchise agreement." Id. at 1. The protester adds here that the business license issued to the entity doing business at the proposed awardee's address is Knox-Ham Enterprises, LLC. Id. at 1-2. After receipt of the protest, the agency checked the government's Central Contractor Registration (CCR), which listed the awardee's "legal business name" as "KnoxHam Enterprises," and stated that it was doing business as "Heavenly Ham." Agency Report at 2; Agency Report, Tab J, CCR, at 1. The awardee also provided the agency with a copy of its business tax returns for 1998 and 1999, which lists the business as "Heavenly Ham," a prior business tax license issued by Knox County, Tennessee, which lists the proposed awardee's business address as "Heavenly Ham, 9307 Kingston Pk, Knoxville 37922," and a Department of Health, Food Service Inspection Report, dated August 3, 1999, which lists the establishment's name as "Heavenly Ham." Agency Report, Tabs H and I. The awardee also supplied the agency with a copy of articles of organization and certificate of existence for Knox-Ham Enterprises, LLC (a Limited Liability Company). Agency Report, Tab H. The agency concluded based upon the above that Heavenly Ham is the trade name under which Knox-Ham conducts business, and that the bid submitted therefore legally bound Knox-Ham to perform and was thus acceptable. In general, a contract cannot be awarded to any entity other than the one that submitted the bid. While this rule generally applies in situations where it is unclear from the face of the bid which of two or more legal entities is the bidder, it does not prohibit an award where, as here, a bidder uses its trade name instead of its formal corporate name in the bid. Sunrise Int'l Group, Inc., B-251956, Feb. 8, 1993, 93-1 CPD Para. 114 at 2. Where a trade name is used, and it is possible to identify the actual bidder with sufficient certainty that the bidder would not be able to avoid the obligation of its bid, the acceptance of the bid is proper. Id.; Coonrod & Assocs., B-228914, Dec. 3, 1987, 87-2 CPD Para. 549 at 2. Evidence existing and publicly available at the time of bid opening may be submitted after bid opening and prior to award to establish the bidder's use of the trade name. Sunrise Int'l Group, Inc., supra; Coonrod & Assocs., supra. The record here sufficiently identifies Heavenly Ham as the same legal entity as Knox-Ham Enterprises, so that the bid submitted by Heavenly Ham at 9307 Kingston Pike, Knoxville, Tennessee, would legally bind Knox-Ham Enterprises.