Request for Advance Decision Regarding Responsiveness of Bidder

The agency requested an advance decision as to whether a company could be considered a responsive bidder following a protest against the proposed award on the basis that the proposed awardee did not possess a Certificate of Public Convenience and did not submit equipment information with its bid. The solicitation provision that the successful bidder meet all requirements of federal, state, and city codes did not justify the rejection of the low bidder for failure to have the certificate called for by city ordinance since the need for the certificate under such general requirement was a matter between the city and the contractor. Equipment information intended to determine bidder capacity and ability to perform the contract was a matter of bidder responsibility, not bid responsiveness, and the information was properly permitted to be submitted after bid opening.