B-157188, SEP. 23, 1965
Highlights
TO CIRCLE PAVING COMPANY: REFERENCE IS MADE TO YOUR TELEGRAM OF JULY 7. 1963" WHICH WAS MADE A PART OF THE INVITATION. IS DESIGNED TO FACILITATE THE DETERMINATION OF. IS OF THE CHARACTER FREQUENTLY REQUIRED BY CONTRACTING OFFICERS IN CONNECTION WITH BIDS FOR GOVERNMENT CONTRACTS. IT IS WELL SETTLED THAT UNDER THE COMPETITIVE PROCUREMENT SYSTEM INFORMATION REGARDING THE RESPONSIBILITY OF A PROSPECTIVE CONTRACTOR MAY BE OBTAINED AFTER BID OPENING (ASPR 1-905.2. FPR 1-1.310-7) AND WE HAVE HELD THAT THE FAILURE OF A BIDDER TO SUBMIT SUCH INFORMATION WITH HIS BID. WHEREIN WE STATED AT PAGE 732: "WE HAVE CONSISTENTLY HELD THAT WHERE THE REQUIREMENT FOR THE SUBMISSION OF DESCRIPTIVE LITERATURE OR DATA IS FOR THE PURPOSE OF DETERMINING THE CAPABILITY (RESPONSIBILITY) OF THE BIDDER RATHER THAN THE RESPONSIVENESS OF THE BID.
B-157188, SEP. 23, 1965
TO CIRCLE PAVING COMPANY:
REFERENCE IS MADE TO YOUR TELEGRAM OF JULY 7, 1965, PROTESTING THE AWARD OF A CONTRACT TO CENTURY CONSTRUCTION CORPORATION ON JUNE 24, 1965, FOR REPAIR OF DISTRICT OF COLUMBIA STREETS PURSUANT TO INVITATION FOR BIDS (CONSTRUCTION CONTRACT) NO. C-65208-H.
YOU PROTEST THE AWARD ON THE GROUND THAT THE FIRM, ALTHOUGH THE LOWEST BIDDER, DID NOT SUBMIT WITH ITS BID "AN ATTESTED STATEMENT OF HIS ORGANIZATION, EQUIPMENT, FINANCIAL RESOURCES, AND HIGHWAY, BRIDGE AND OTHER CONSTRUCTION EXPERIENCE " AS REQUESTED UNDER SECTION 2.2.1, PARAGRAPH 2, OF THE DISTRICT OF COLUMBIA "STANDARD SPECIFICATIONS FOR HIGHWAYS AND STRUCTURES, 1963" WHICH WAS MADE A PART OF THE INVITATION.
THE INFORMATION REQUESTED IN SUCH A STATEMENT PERTAINS TO, AND IS DESIGNED TO FACILITATE THE DETERMINATION OF, THE RESPONSIBILITY OF THE BIDDER, AND IS OF THE CHARACTER FREQUENTLY REQUIRED BY CONTRACTING OFFICERS IN CONNECTION WITH BIDS FOR GOVERNMENT CONTRACTS. SEE, FOR EXAMPLE, SECTION 1-1.310 OF THE FEDERAL PROCUREMENT REGULATIONS AND SECTION 1, PART 9, OF THE ARMED SERVICES PROCUREMENT REGULATION. IT IS WELL SETTLED THAT UNDER THE COMPETITIVE PROCUREMENT SYSTEM INFORMATION REGARDING THE RESPONSIBILITY OF A PROSPECTIVE CONTRACTOR MAY BE OBTAINED AFTER BID OPENING (ASPR 1-905.2, FPR 1-1.310-7) AND WE HAVE HELD THAT THE FAILURE OF A BIDDER TO SUBMIT SUCH INFORMATION WITH HIS BID, EVEN WHEN SO REQUESTED BY THE INVITATION, DOES NOT RENDER HIS BID NONRESPONSIVE. SEE OUR DECISION 42 COMP. GEN. 728, WHEREIN WE STATED AT PAGE 732:
"WE HAVE CONSISTENTLY HELD THAT WHERE THE REQUIREMENT FOR THE SUBMISSION OF DESCRIPTIVE LITERATURE OR DATA IS FOR THE PURPOSE OF DETERMINING THE CAPABILITY (RESPONSIBILITY) OF THE BIDDER RATHER THAN THE RESPONSIVENESS OF THE BID, THE FAILURE OF THE BIDDER TO SUBMIT SUCH DATA IS NOT FATAL TO CONSIDERATION OF THE NONCONFORMING BID AND THE DATA MAY BE PROVIDED SUBSEQUENT TO BID OPENING. 39 COMP. GEN. 247; ID. 881. THE RESULT IS THE SAME EVEN IN CASES WHERE BIDDERS ARE WARNED THAT FAILURE TO CONFORM TO DATA SUBMISSION REQUIREMENTS MAY RESULT IN REJECTION OF THEIR BIDS. COM. GEN. 655.'
IN VIEW THEREOF WE SEE NO PROPER BASIS UPON WHICH TO QUESTION THE VALIDITY OF THE CONTRACT AWARDED TO CENTURY CONSTRUCTION CORPORATION, AND YOUR PROTEST MUST THEREFORE BE DENIED.