Montage Inc.

B-414772 Sep 07, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Montage, Inc., of Washington, D.C., protests the rejection of the offer it submitted in response to request for task order proposals (RFTOP) No. DJF-16-R-0000016, issued by the Department of Justice, Federal Bureau of Investigation (FBI), for construction work at the FBI Academy in Quantico, Virginia. Montage asserts that the agency improperly rejected its proposal for failing to provide a bid bond and the names of the subcontractors it planned to use. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of:  Montage Inc. File:  B-414772 Date:  September 7, 2017 Shiva S. Hamidinia, Esq., Odin Feldman Pittleman PC, for the protester. John E. McCarthy Jr., Esq., and Hart Wood, Esq., Crowell & Moring LLP, for the intervenor. Jessica Lane Day, Esq., Department of Justice, for the agency. Mary G. Curcio, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that proposal was improperly rejected for failure to submit bid bond/offer guarantee is denied where solicitation required offerors to submit the bid bond/offer guarantee with their proposals. DECISION Montage, Inc., of Washington, D.C., protests the rejection of the offer it submitted in response to request for task order proposals (RFTOP) No. DJF-16-R-0000016, issued by the Department of Justice, Federal Bureau of Investigation (FBI), for construction work at the FBI Academy in Quantico, Virginia.  Montage asserts that the agency improperly rejected its proposal for failing to provide a bid bond and the names of the subcontractors it planned to use.  We deny the protest. BACKGROUND The solicitation was issued on February 21, 2017 to all companies holding one of the FBI's small multiple-award indefinite-delivery, indefinite-quantity (IDIQ) construction contracts.[1]  RFTOP at 9.  The solicitation stated that award would be made to the offeror that represented the best value to the government, after considering the technical factor and price.  Id. at 17-18.  The solicitation also stated that the agency would first determine whether an offeror met the payment and performance bonding requirements and that any offeror that did not provide supporting documentation from a bonding company showing it is bondable for the entire proposed amount would be given no further consideration.  Id. at 17.  The solicitation stated that the agency intended to make an award based on initial offers, without discussions.  Id. With respect to the bonding requirements, the solicitation provided that "an offer guarantee is required" and further stated the offeror shall provide supporting documentation from a bonding company showing the offeror has the ability to obtain a payment and performance bond for at least the full amount of the proposed price.  Id.  at 1, 14.  In addition, the RFTOP overview explained that, in accordance with Federal Acquisition Regulation (FAR) § 28.102-1, "Performance and Payment bonds are [] required" and, in accordance with FAR § 28.101-1, "Bid Bond (Offer Guarantee) is []required."  RFTOP Overview at 2.  Further, before the due date for proposals, an offeror questioned whether the submission of a bid bond was sufficient to meet the requirement to provide supporting documentation from a bonding company showing that the offeror has the ability to obtain a performance and payment bond for the full amount of the contractor's proposed price.  RFTOP amend. 0005, Questions and Answers No.