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B-184212 1 (1975-11-06)

handle is hein.gao/gaobacska0001 and id is 1 raw text is: - THE COMPTROLLER GENERAL DECISION . A J.' OF THE UNITED STATES * WASHINGTON. D.C. 20548 FILE: B-184212 DATE: November 6, 1975 MATTER OF: M. M. Sundt Construction Company DIGEST: LMo10714 1. Information requested by Standard Form 19-B, Representations and Certifications, is needed to determine responsibility of bidder and is not needed for bid evaluation purposes, i.e., bid responsiveness. Therefore, failure of bidder to submit Standard Form 19-B with bid may be waived as minor informality. 2. Grants which require grantee to advertise contracts exceeding $10,000 for competitive bidding will be reviewed to advise the cognizant Federal agency whether requirements for competitive bidding have been met. M. M. Sundt Construction Company (Sundt) has objected to a possible award to R. E. Miller Paving and Construction, Inc. (Miller), under the Graham-Curtis Project, Phase II, Flood Detention Dams. The Graham Canal Company and the Curtis Canal Company (Graham-Curtis Canal Companies) are provided financial assistance in the form of grant and loan funds under the Small Reclamation Projects Act of 1956, as amended, 43 U.S.C. § 422a, et seq. (Supp. III, 1973), by the Bureau of Reclamation, United States Department of the Interior. Seven bids were received with Miller submitting the low bid and Sundt the second low bid, Addendum No. 4 to the contract plans and specifications stated that Standard Form 19-B, entitled Representa- tions and Certifications, shall be executed and submitted with the bid. Included, as part of Standard Form 19-B, was a Certification of Nonsegregated Facilities. Miller failed to submit a Standard Form 19-B with its bid but remedied the omission soon after bid opening. The main thrust of Sundt's complaint is that in its opinion the solicitation under paragraph 20 stated that failure to agree to the Certificate of Nonsegregated Facilities clause will render the bid nonresponsive. Accordingly, since Miller did not submit Standard Form 19-B with its bid, Sundt concludes that it must be found nonre- sponsive and that award should be made to Sundt. - 1 -

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