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Name Change Was A Legal Change In Entity, Not A Formality

Sunday, April 01, 2012 02:16 am


Sustained: Eligibility

Matter of: W.B. Construction & Sons, Inc., 2011 U.S. Comp Gen. B-405874, B-405874.2 Lexis 289 (Dec. 16, 2011)

A legal difference in company name introduced uncertainty regarding an offeror's identity, which the contracting officer should have sought to clarify.

W.B. Construction and Sons, Inc. (WB), the next-lowest offeror on a Department of the Army construction contract, protested the award to the lowest offeror, DSQI, Corporation, claiming that the awardee was not the offering entity and that the entity does not actually exist. In fact, the offeror's name, as listed on all proposal documents, was DSQI, LLC, not DSQI, [...]

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