B-244578, Jul 5, 1991, 91-2 CPD ***
Highlights
PROCUREMENT - Bid Protests - Antitrust matters - GAO review PROCUREMENT - Sealed Bidding - Bids - Minor deviations - Government advantage - Acceptability DIGEST: A bidder's failure to submit affiliation information as required by the Federal Acquisition Regulation Sec. 52.214-7 is a minor informality which may be waived or cured after bid opening because the information does not affect the responsiveness of the bid. That issue is a matter for consideration by the contracting officer in the context of determining the bidder's responsibility and by the Department of Justice. The protester argues that Preferred's bid is "illegal" because the firm failed to reveal information concerning an alleged affiliated firm which also submitted a bid.
B-244578, Jul 5, 1991, 91-2 CPD ***
PROCUREMENT - Bid Protests - Antitrust matters - GAO review PROCUREMENT - Sealed Bidding - Bids - Minor deviations - Government advantage - Acceptability DIGEST: A bidder's failure to submit affiliation information as required by the Federal Acquisition Regulation Sec. 52.214-7 is a minor informality which may be waived or cured after bid opening because the information does not affect the responsiveness of the bid. Although the protester suggests that the absence of affiliation information may indicate illegal collusive bidding, that issue is a matter for consideration by the contracting officer in the context of determining the bidder's responsibility and by the Department of Justice.
Attorneys
Conva-Lance, Inc.:
Conva-Lance, Inc. protests the award of a contract to the low bidder, Preferred Medical Transportation, Inc. under solicitation No. 583-01-92, issued by the Richard L. Roudebush Veterans Administration Medical Center. According to the protester, the solicitation included the clause set forth at Federal Acquisition Regulation (FAR) Sec. 52.214-17 which required each bidder to submit with its bid an affidavit identifying its affiliates. The protester argues that Preferred's bid is "illegal" because the firm failed to reveal information concerning an alleged affiliated firm which also submitted a bid.
We dismiss the protest.
Preferred's failure to provide affiliation information is not a basis to reject its bid as nonresponsive. The failure of a bidder to reveal information concerning its affiliates as required by FAR Sec. 52.214-17 is a minor informality, which may be waived or cured after bid opening. FAR Sec. 14.405(e); A&C Bldg. and Indus. Maintenance Corp., B-229931, Mar. 25, 1988, 88-1 CPD Para. 309.
Although the protester seems to argue that the failure to reveal an affiliation between bidders may indicate collusive bidding, this is a matter for consideration by the contracting officer in the context of determining the responsibility of the bidder; and is not for consideration under our bid protest function. Servrite Int'l, Ltd., B-241942.2, Jan. 29, 1991, 91-1 CPD Para. 84. Collusive bidding is a criminal offense and, if the contracting officer suspects that it has occurred, the matter should be referred to the Department of Justice. Id.
The protest is dismissed.