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B-274685 1 (1996-11-04)

handle is hein.gao/gaocrptaemv0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Hutchinson Construction Services File: B-274685 Date: November 4, 1996 Alan M. Grayson, Esq., and James S. DelSordo, Esq., Alan M. Grayson & Associates, for the protester. Thomas C. Papson, Esq., McKenna & Cuneo, L.L.P., for Magnum, Inc., an intervenor. Christopher M. Bellomy, Esq., Department of the Navy, for the agency. Katherine I. Riback, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Bidder's failure to enter the entire solicitation number on Certificate of Procurement Integrity form does not render bid nonresponsive where the completed certificate was physically submitted with the bid and the project title and the procuring activity were identified on the preprinted legend on the top of the bidder's certificate. DECISION Hutchinson Construction Services protests the award of a contract to Magnum, Inc. under invitation for bids (IFB) No. N62472-96-B-0440, issued by the Department of the Navy for the construction of a hazardous waste handling facility at the Naval Base in Philadelphia, Pennsylvania. Hutchinson, the second low bidder, argues that the low bid submitted by Magnum, Inc. is nonresponsive because Magnum failed to properly execute the required Certificate of Procurement Integrity. We deny the protest. The IFB was issued on July 19, 1996. The IFB contained the full text of the Certificate of Procurement Integrity Clause, Federal Acquisition Regulation § 52.203-8. At bid opening on August 29, Magnum's bid was low and Magnum received the award. Hutchinson protests that Magnum's bid should be rejected as nonresponsive because on the space provided on the certificate for the solicitation number, Magnum inserted 96-B-0440, rather than the entire solicitation number. The certification requirement of the Office of Federal Procurement Policy (OFPP) Act, as amended, 41 U.S.C. § 423(e) (1994), implemented in the Certificate of Procurement Integrity Clause, imposes substantial legal obligations and is thus a 3021021

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