B-174713, JAN 28, 1972

B-174713: Jan 28, 1972

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THE CERTIFICATION WHICH EACH BIDDER WAS REQUIRED TO EXECUTE TO THE EFFECT THAT HE WAS IN COMPLIANCE WITH AND WOULD CONTINUE TO COMPLY WITH E. WAS ALLEGEDLY NOT INCLUDED IN THE BID PACKAGE SENT TO LITHOID. WAS. LITHOID DID FURNISH THE CERTIFICATE AFTER BID OPENING AS SOON AS IT WAS INFORMED OF THE DEFICIENCY. WE BELIEVE THERE ARE FACTS PRESENT IN THIS CASE WHICH JUSTIFY OUR CONCLUSION THAT LITHOID'S FAILURE TO SUBMIT THE REQUIRED CERTIFICATE WITH ITS BID WAS A MINOR INFORMALITY WHICH SHOULD BE WAIVED. LITHOID WAS A PRIOR CONTRACTOR UNDER THE SAME PROGRAM NO. 1224M AND ALSO HELD A NUMBER OF OTHER CONTRACTS WITH THE GOVERNMENT PRINTING OFFICE WHICH INCLUDED ITEMS IDENTICAL WITH THOSE BID BY IT FOR THE PRESENT CONTINUATION OF PROGRAM NO. 1224M.

B-174713, JAN 28, 1972

BID PROTEST - NONRESPONSIVENESS DECISION RECOMMENDING THAT THE REJECTION OF A BID BY LITHOID, INC., AS BEING NONRESPONSIVE FOR FAILURE TO SUBMIT AN EXECUTED PRICE CERTIFICATION IN IMPLEMENTATION OF EXECUTIVE ORDER 11615, BE WAIVED AS A MINOR INFORMALITY.

TO MR. HARRY J. HUMPHREY:

WE REFER TO A REPORT DATED DECEMBER 15, 1971, FROM YOUR GENERAL COUNSEL ON THE PROTEST OF LITHOID, INC., AGAINST REJECTION OF ITS BID ON PROGRAM 1224M AS NONRESPONSIVE FOR FAILURE TO SUBMIT WITH ITS BID AN EXECUTED PRICE CERTIFICATION IN IMPLEMENTATION OF EXECUTIVE ORDER NO. 11615.

THE CERTIFICATION WHICH EACH BIDDER WAS REQUIRED TO EXECUTE TO THE EFFECT THAT HE WAS IN COMPLIANCE WITH AND WOULD CONTINUE TO COMPLY WITH E. O. 11615, WHICH STABILIZED PRICES, RENTS, WAGES, AND SALARIES, WAS ALLEGEDLY NOT INCLUDED IN THE BID PACKAGE SENT TO LITHOID, AND WAS, THEREFORE, NOT INCLUDED WITH ITS BID. LITHOID DID FURNISH THE CERTIFICATE AFTER BID OPENING AS SOON AS IT WAS INFORMED OF THE DEFICIENCY.

WE BELIEVE THERE ARE FACTS PRESENT IN THIS CASE WHICH JUSTIFY OUR CONCLUSION THAT LITHOID'S FAILURE TO SUBMIT THE REQUIRED CERTIFICATE WITH ITS BID WAS A MINOR INFORMALITY WHICH SHOULD BE WAIVED. LITHOID WAS A PRIOR CONTRACTOR UNDER THE SAME PROGRAM NO. 1224M AND ALSO HELD A NUMBER OF OTHER CONTRACTS WITH THE GOVERNMENT PRINTING OFFICE WHICH INCLUDED ITEMS IDENTICAL WITH THOSE BID BY IT FOR THE PRESENT CONTINUATION OF PROGRAM NO. 1224M. UNDER EACH OF THESE CONTRACTS LITHOID CERTIFIED INVOICES AS IN COMPLIANCE WITH EXECUTIVE ORDER NO. 11615. WE HAVE COMPARED THE PRICES UNDER LITHOID'S PRIOR PROGRAM NO. 1224M CONTRACT AND THE PRICES BID FOR ITS CONTINUATION. SOME BID PRICES ARE HIGHER, SOME ARE LOWER. IN THE CASE OF ALL HIGHER PRICES, LITHOID HAS POINTED OUT PREVIOUS HIGHER CONTRACT PRICES WHICH HAVE BEEN CERTIFIED BY IT AS IN COMPLIANCE WITH EXECUTIVE ORDER NO. 11615.

IN SUCH CIRCUMSTANCES, IT IS OUR CONCLUSION THAT LITHOID'S FAILURE TO CERTIFY THE LOWER PRICES AS IN COMPLIANCE WITH THE EXECUTIVE ORDER IS A MINOR INFORMALITY WHICH SHOULD BE WAIVED, AND WE SO RECOMMEND.