B-182484, JAN 29, 1975

B-182484, JAN 29, 1975

1. FAILURE TO COMPLETE "CONTINGENT FEE" AND "PARENT COMPANY AND EMPLOYER IDENTIFICATION NUMBER" REPRESENTATIONS ON STANDARD FORM 19-B MAY BE WAIVED AS MINOR INFORMALITY OR IRREGULARITY IN BID, SINCE FORMER REPRESENTATION DOES NOT AFFECT BIDDER'S OFFER TO COMPLY WITH IFB AND ASPR SEC. 1-114(B) PROVIDES THAT FAILURE TO FURNISH IDENTIFICATION NUMBER IS NOT BASIS FOR REJECTION OF BID. 2. FACT THAT "PREVIOUS CONTRACTS AND COMPLIANCE REPORTS" REPRESENTATION WAS NOT COMPLETED IS OF NO CONSEQUENCE AS INSTRUCTION STATED THAT REPRESENTATION NEED BE CHECKED ONLY IF BID EXCEEDS $10,000 IN AMOUNT AND LOW BID WAS IN THE AMOUNT OF $3,500.

EDWARD E. DAVIS CONTRACTING, INC.:

INVITATION FOR BIDS NO. F08651-75-B-0051 WAS ISSUED AT EGLIN AIR FORCE BASE ON SEPTEMBER 23, 1974, FOR THE PROCUREMENT OF VARIOUS CONSTRUCTION SERVICES. OF THE SEVEN BIDS RECEIVED IN RESPONSE TO THE INVITATION, THE BID SUBMITTED BY EVERGREEN CONSTRUCTION COMPANY, INC. (EVERGREEN), IN THE AMOUNT OF $3,500 WAS LOW. HOWEVER, UPON EXAMINATION OF THE EVERGREEN BID, IT WAS FOUND THAT VARIOUS REPRESENTATIONS AND CERTIFICATIONS ON STANDARD FORM 19-B OF THE BID PAPERS HAD NOT BEEN COMPLETED. BOTH THE "CONTINGENT FEE" AND THE "PREVIOUS CONTRACTS AND COMPLIANCE REPORTS" REPRESENTATIONS HAD BEEN LEFT BLANK. ALSO, THE "PARENT COMPANY AND EMPLOYER IDENTIFICATION NUMBER" REPRESENTATION WAS NOT COMPLETED.

THE CONTRACTING OFFICER PROPOSES TO TREAT THESE DEFICIENCIES AS MINOR INFORMALITIES OR IRREGULARITIES UNDER PARAGRAPH 2-405 OF THE ARMED SERVICES PROCUREMENT REGULATION (ASPR) (1974 ED.) AND TO MAKE AWARD TO EVERGREEN. THAT PROVISION OF ASPR PROVIDES AS FOLLOWS:

"2-405 MINOR INFORMALITIES OR IRREGULARITIES IN BIDS. A MINOR INFORMALITY OR IRREGULARITY IS ONE WHICH IS MERELY A MATTER OF FORM OR IS SOME IMMATERIAL VARIATION FROM THE EXACT REQUIREMENTS OF THE INVITATION FOR BIDS, HAVING NO EFFECT OR MERELY A TRIVIAL OR NEGLIGIBLE EFFECT ON PRICE, QUALITY, QUANTITY, OR DELIVERY OF THE SUPPLIES OR PERFORMANCE OF THE SERVICES BEING PROCURED, AND THE CORRECTION OR WAIVER OF WHICH WOULD NOT AFFECT THE RELATIVE STANDING OF, OR BE OTHERWISE PREJUDICIAL TO, BIDDERS. THE CONTRACTING OFFICER SHALL EITHER GIVE TO THE BIDDER AN OPPORTUNITY TO CURE ANY DEFICIENCY RESULTING FROM A MINOR INFORMALITY OR IRREGULARITY IN A BID, OR, WAIVE ANY SUCH DEFICIENCY WHERE IT IS TO THE ADVANTAGE OF THE GOVERNMENT. ***"

THE SECOND LOW BIDDER, EDWARD E. DAVIS CONTRACTING, INC., PROTESTS THE PROPOSED ACTION, ESPECIALLY IN VIEW OF THE INVITATION PROVISION THAT FAILURE TO COMPLETE STANDARD FORM 19-B "MAY DELAY OR PREVENT CONSIDERATION FOR AWARD." HOWEVER, IN THIS RESPECT, WE NOTE THAT THE PROVISION CITED BY THE PROTESTER STATES THAT A FAILURE TO COMPLETE THE FORM "MAY," NOT "SHALL," PREVENT CONSIDERATION FOR AWARD.

THE INVITATION DELETED THE "EQUAL OPPORTUNITY" REPRESENTATION ON STANDARD FORM 19-B AND INSTRUCTED THAT THE "PREVIOUS CONTRACTS AND COMPLIANCE REPORTS" REPRESENTATION BE SUBSTITUTED FOR IT. HOWEVER, ALTHOUGH PROVISION WAS MADE FOR THE SUBSTITUTION THE INSTRUCTION WHICH APPEARED BEFORE THE "EQUAL OPPORTUNITY" REPRESENTATION WAS NOT DELETED. THE INSTRUCTION STATED, "THE FOLLOWING NEED BE CHECKED ONLY IF BID EXCEEDS $10,000 IN AMOUNT." SINCE THE BID SUBMITTED BY EVERGREEN WAS IN THE AMOUNT OF $3,500, THE BIDDER WAS NOT REQUIRED TO COMPLETE THE REPRESENTATION.

AS REGARDS THE FAILURE BY EVERGREEN TO COMPLETE THE "CONTINGENT FEE" REPRESENTATION, OUR OFFICE HAS HELD THAT THE INFORMATION CONTAINED THEREIN DOES NOT AFFECT THE BIDDER'S OFFER TO COMPLY FULLY WITH THE TERMS OF THE INVITATION, AND, CONSEQUENTLY, IT MAY BE PROVIDED BY THE BIDDER AFTER BID OPENING. MATTER OF WEXLER PAPER PRODUCTS, B-179231, JANUARY 22, 1974; SEE ALSO ASPR SEC. 1-508.1(C). AND, LASTLY, AS NOTED IN THE ADMINISTRATIVE REPORT, ASPR SEC. 1-114(B) STATES THAT "*** FAILURE TO PROVIDE INFORMATION CONCERNING THE PARENT COMPANY OR THE EMPLOYER'S IDENTIFICATION NUMBER IS NOT A BASIS FOR REJECTION OF BIDS." SEE ALSO, B-161414, SEPTEMBER 5, 1967.

FOR THE ABOVE REASONS, WE HAVE NO LEGAL OBJECTION TO THE CONSIDERATION OF EVERGREEN'S BID FOR AWARD. ACCORDINGLY, THE PROTEST IS DENIED.