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B-186964 1 (1976-08-12)

handle is hein.gao/gaobaddib0001 and id is 1 raw text is: 



                             THE  COMPTROLLER GENERAL
                       EC I  OF   THE    UNITED       STATES
                             WASHINGTON, D.C. 2O54>8
                    L V.ITED



FILE:   B-186964                    DATE:   August 12, 1976

MATTER OF: Veterans Administration--request for advance decision


DIGEST:


     Bidder's failure to submit signed certification that
     it would comply with affirmative action requirements
     renders bid nonresponsive and compliance with certi-
     fication requirement in other solicitations does not
     suffice to obtain commitment for instant procurement.


     The Veterans Administration (VA) has requested an advance
decision whether it can accept the apparent low bid for building
modernization at its Sepulveda, California, hospital. The low
bidder did not sign the certification submitted with the bid to
evidence its commitment to specific affirmative action.

     As pertinent, preceding the certification, the IFB cautioned:

     * * * A Bidder will not be eligible for award of a
     contract under this Invitation for Bids unless such
     bidder has submitted as a part of its bid the
     following certification * * *.

Also, the Bid Conditions relating to equal employment opportunity
stated:

     To be eligible for award * * *, a bidder or sub-
     contractor must execute the certification required
     by Part III hereof [certification].

     The low bidder, Bernard Bros. Inc. (Bernard) at $52,980.
listed in the certification the applicable trades it intended to
use. Bernard indicated in the appropriate space that it agreed to
adopt the requisite minority manpower utilization goals and take
the appropriate affirmative actions required by the provisions
for all of the trades intended to be used. However, Bernard did
not sign the certification.  The only other bidder, W. H. Evans
Contractor, submitted a fully completed certification with its
bid of $54,039.



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