[Protests of Army Rejection of Bid as Nonresponsive]

B-218723,B-218724,B-218725,B-218726: May 9, 1985

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A firm protested the Army Armament Materiel Readiness Command's rejection of its low bids as nonresponsive to solicitations which were issued as small business set-asides. The Army rejected the protester's bids because it failed to complete standard small business concern representations and certifications. The protester stated that its omission was inadvertent, and its other representations made it clear that all items would be furnished by a small business. Therefore, the protester contended that its failure to complete the clause was a minor informality which could be waived or cured. GAO has held that the failure of a small business to certify its size status is a minor informality since it does not affect the responsiveness of a bid. However, the certification concerning the bidder's obligation to furnish products manufactured by a small business concern is a matter of bid responsiveness which must be established at the time of bid opening. Further, postopening bid modifications cannot be used to make a nonresponsive bid responsive. Accordingly, the protests were dismissed.