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B-182356 1 (1975-08-04)

handle is hein.gao/gaobadcki0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DE-CISION ~OF THE UNITED STATES WASHINGTON, D.C. 20546 9-73/3 FILE: B-182356 DATE: August 4, 1975 MATTER OF: Government of the District of Columbia Request for advance decision DIGEST: 1. Failure of bidder to furnish information certifying product compliance with specifications may be waived as minor infor- mality pursuant to § 2620.14 of District of Columbia Material Management Manual, part I, where, as here (1) specifications are sufficiently detailed to make information called for unnecessary; and (2) IFB failed to clearly establish in detail the requirement for information and purpose to be served thereby, both bases rendering requirement unneces- sary and unenforceable. 2. Where IFB does not contain subcontractor or equipment supplier list there exists no basis to reject any bid for failing to properly identify subcontractors or suppliers used in compila- tion of bid or to be used in performance of contract, notwith- standing that bidders may have opportunity to bid shop after award is made. The Engineering and Construction Administration, Department of Environmental Services, Government of the District of Columbia, by letter dated May 15, 1975, requested an advance decision as to whether an award to Blake Construction Company, Inc. (Blake), may be made given the following circumstances. On August 22, 1974, invitation for bids (IFB) No. 0247-AA-02- 0-5-LA was issued for the construction of nitrification reactor facilities. Bids for the project were opened on May 8, 1975, with nine bidders responding. The apparent low bid was submitted by Blake. The apparent second low bidder, The George Hyman Construc- tion Company (Hyman), has protested to the District of Columbia that award not be made to Blake due to Blake's failure to submit informa- tion allegedly required by the IFB. .Hyman's protest is based upon its interpretation of the require- ment set forth on page 9 of addendum No. 1 concerning the Motor Control Centers, which stated: -'1 -

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