United States Federal Circuit

In a bid protest action, Court of Federal Claims judgment is affirmed where: 1) the contracting officer's decision to reject plaintiff's bid bond was reasonable as the officer correctly concluded that the coal asset pledged was not acceptable to support plaintiff's bond as coal is a speculative asset that is not readily marketable; 2) any error by the contracting officer in stating that the surety's offer was untimely was nonprejudicial; and 3) the contracting officer did not impermissibly refuse to accept a substitute asset as no valid offer to provide a substitute asset was made by plaintiff's surety.

Appellate Information

• Decided 04/29/2009
• Published 04/29/2009

Judges

Court

• United States Federal Circuit

Counsel