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B-187348 1 (1976-11-17)

handle is hein.gao/gaobadegy0001 and id is 1 raw text is: DavId Hafurther P'roc. I 5 ' THE COMPTROLLER GENERAL DECISION .OF THE UNITED STATES WASHINGTON, D.C. 2054C2 FILE: B-18734b DATE: Novembel: 17, 1976 MATTER OF: Ed-Mor Electric Co., Inc. DIGEST: 1. Where invitation for bids' affirmative action requirements included Bidders' Certification of compliancet with such requirements, failure to submit cectification at time of bid opening rendered bid nonresponsive. 2. Late bid modification loweriug price of low bid and correcting nonresponsiveness of that bid may not be accepted as late modification lowering price is acceptable only where low bid is responsive as sebmitted. 3. Nonresponsive bid may not be accepted even though it would result in monetary saviags to Government as acceptance would be contrary to maintenance of integrity of competitiv9 bidding system. Ed-Mor Electric Co., Inc. (Ed-Nor), the apparent low bidder on the General Services Administration invitation for bids for the award of contract No. GS-01B-01590, was determtred to have submitted a non- responsive bd because it failed to complede and submit with its bid the Bidders' Certification for the affirostive action requirements 6f the invitation. Award of the contract as made to the second low bidder notwithstanding the protest filed with our Office, Ed-Mor protests the finding of nonresponsiveness on the bases that its failure to submit the certification with its bid was merely a minor mechaaical inadvertent omission which could have been corrected prior to contract award and that it submitted after bid opening a bid modification which reduced its bid by $5,000 and included the certification, and which should have buen acnepted by the Government pursuant to the invitation proviblons. Bidders were advised by several provisions in the invLtation, including that quoted below, that any bid not accompanied by the dforementioned certification at the time of bid opening wolild be rejected as nonresponsive. To meet this requirement a blddur ha,. simply to complete the following certification: '-.1 - t

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