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B-183361 1 (1975-06-09)

handle is hein.gao/gaobadciq0001 and id is 1 raw text is: q ,, o**LTHE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES : WASHINGTON. 0.C. 20548 FILE: B-183361 DATE: June 9, 1975 MATTER OF: Burnham Construction Company DIGEST: 1. Allegation that solicitation did not give adequate notice to bidders that submission of certification of compliance with affirmative action provisions was condition predecent to award consideration is not supported where part III of Bid Conditions clearly required that to be eligible for award under solicitation bidders commit themselves to affirmative action requirements prior to bid opening and that bids not containing executed certification manifesting such commitment would be rejected as nonresponsive. Moreover, contracting officer's announcement at bid opening that protester's bid was low was not tantamount to award and did not indicate insufficiency of notice regarding materiality of submission of certification as condition of bid responsiveness. 2. Low bidder who failed to execute certification to affirmative action requirements was properly rejected as nonresponsive even though protester was signatory to one of designated plans because being signatory to plan does not create legally enforce- able obligation to abide by provisions of plan and does not over- come defect in failing to submit required certification. 3. Fact that on Standard Form 19B (Representations and Certifications) bidder checked clause to indicate that it had developed and had on file affirmative action programs as required by rules and regulations of Secretary of Labor does not make its bid responsive to IFB's certification requirement since such information relates to bidder's qualifications as responsible prospective contractor and does not constitute commitment by bidder to be bound by specific affirmative action plan in performing contract to be awarded under present solicitation. 4. Procuring activity's determination not to waive as minor informality protester's failure to submit certification with bid was not abuse of discretion, notwithstanding monetary savings to be incurred by acceptance of low bid, since prebid opening commitment to affirmative action provisions of solici- tation is material requirement which may not be waived.

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