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B-186380 1 (1976-06-25)

handle is hein.gao/gaobaddco0001 and id is 1 raw text is: , THE COMPTROLLER GENERAL DECISION OF THE UNITED STATEB WASHINGTON, D.C. 20548 FILE: B-186380 DATE: June 25, 1976 MATTER OF: Tennessee Valley Service, Inc. qf DIGEST: 1. Low bidder's acknowledgement of amendment that had not, in fact, been issued may be waived as a minor informality or irregularity pursuant to ASPR § 2-405 (1975 ed.). 2. Failure to provide information concerning Parent Company or Employer's Identification Number is no basis for re- jection of bid. See ASPR § 1-114(b) (1975 ed.). Additionally, these and other Standard Form 19-B representations such as Contingent Fee and Previous Contracts And Compliance Reports as well as failure to indicate whether or not bidder is a small business concern, may be waived as minor infor- mality or irregularity since they do not affect bidder's offer to comply with IFB. Tennessee Valley Service Company (TVS) has protested the award of a contract to Adams Building Company (Adams), the low bidder under invitation for bids (IFB) No. DAAHO3-76-B-0053, issued by the Army Missile Command, Redstone Arsenal, Alabama (Army). TVS, the second low bidder, contends Adams was not entitled to award because its bid was nonresponsive. At bid opening on April 12, 1976, TVS' inspection of Adams' bid indicated that Adams had acknowledged receipt of amendment No. 1, February 25, 1976 in its bid when, in fact, no amendment to the IFB had been issued. Moreover, a further examination of Adams' bid by TVS revealed that various repre- sentations and Certifications on Standard Form 19-B had not been completed. The Parent Company and Employer Identifica- tion Number representations had been left blank, the Contingent Fee and 'the Previous Contracts and Compliance Reports representations were not completed, and Adams had failed to check whether or not it was a small business concern. 'The contracting officer chose to treat each of these deficiencies as a minor informality or irregularity under section 2-405 of the Armed Services Procurement Regulation (ASPR) (1975 ed.), and allowed Adams to cure the deficiencies in - 1 -

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