Protest of Contract Award Based on Alleged Defects in Bid Opening Procedure

Award of a contract for elevator and lobby renovations is protested on the ground that there were defects in the bid opening procedure. Although the bid form obligated bidders to comply with affirmative action requirements, the failure of the low bidder to execute a certificate of compliance with equal opportunity obligations until after bid opening does not require rejection of the bid. The bid was not publicly read because it was not accompanied by a signed copy of the certification, but was placed in a file with responsive bids for post-opening review. The required certification was executed within an hour after bid opening. Consequently, the failure of the contracting officer to read the low bid at the public opening is a deviation of form rather than substance, and does not affect the validity of the award to the low bidder.