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B-274236 1 (1996-11-27)

handle is hein.gao/gaocrptaele0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Metro Monitoring Services, Inc. File: B-274236 Date: November 27, 1996 Mark M. Hathaway, Esq., for the protester. Douglas McCall for Key West Weather Technologies, an intervenor. Jerry A. Walz, Esq., Alden F. Abbott, Esq., and Lisa J. Obayashi, Esq., Department of Commerce, for the agency. Adam Vodraska, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Low bid should be rejected as nonresponsive where its certificate of procurement integrity identified one person as the certifier but a different person signed the certifier's name on the certificate; the manner of execution of the certificate creates doubt about whether one individual representative of the bidder has made an unequivocal commitment to satisfy the substantial legal obligations imposed by the certificate. DECISION Metro Monitoring Services, Inc. protests the proposed award of a contract to Key West Weather Technologies by the Department of Commerce, National Oceanic & Atmospheric Administration, under invitation for bids (IFB) No. 51RANW600039 for weather observation services at Key West International Airport, Florida. We sustain the protest. The agency's Mountain Administrative Support Center in Colorado issued the IFB on behalf of the National Weather Service as a total small business set-aside for the weather observation services for a base period of 1 year with 2 option years. Since the contract was expected to exceed $100,000, the IFB, pursuant to Federal Acquisition Regulation (FAR) § 3.104-10(a), contained the standard certificate of procurement integrity clause found at FAR § 52.203-8. That clause implements the Office of Federal Procurement Policy (OFPP) Act, 41 U.S.C. § 423(e) (1994), which precludes federal agencies from awarding a contract to a firm unless the officer or employee responsible for preparing the offer or bid certifies in writing that neither he nor those employees who participated in preparing the bid has any information concerning violations or possible violations of the OFPP Act, and to certify to the 3001127

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