B-226477, MAR 17, 1987, 87-1 CPD 299

B-226477, MAR 17, 1987, 87-1 CPD 299

PROCUREMENT - SOCIO-ECONOMIC POLICIES - SMALL BUSINESSES - SIZE STATUS - SELF-CERTIFICATION - POST-BID OPENING PERIODS DIGEST: BIDDER'S FAILURE TO CERTIFY ITSELF AS A SMALL BUSINESS IN ITS BID ON A SMALL BUSINESS SET-ASIDE MAY BE CORRECTED AFTER BID OPENING.

WILLIS B. SIMMONS, INC. & ASSOCIATES AND TOOMER ELECTRICAL CO., INC., A JOINT VENTURE:

WILLIS B. SIMMONS, INC. & ASSOCIATES AND TOOMER ELECTRICAL CO., INC., A JOINT VENTURE, PROTESTS THE PROPOSED AWARD OF A CONSTRUCTION CONTRACT, SET -ASIDE FOR SMALL BUSINESS CONCERNS, TO CAROTHERS' CONSTRUCTION CO., INC., THE LOW BIDDER UNDER DEPARTMENT OF THE NAVY INVITATION FOR BIDS (IFB) NO. N68248-84-B-4125. THE PROTESTER CONTENDS THAT CAROTHERS' BID SHOULD HAVE BEEN REJECTED AS NONRESPONSIVE FOR FAILURE TO INCLUDE A CERTIFICATION OF THE FIRM'S SMALL BUSINESS SIZE STATUS.

IT IS WELL ESTABLISHED THAT A BID MUST DEMONSTRATE ONLY THE BIDDER'S COMPLIANCE WITH THE IFB'S TERMS MATERIALLY AFFECTING PRICE, QUANTITY, QUALITY AND DELIVERY TO BE RESPONSIVE AND ACCEPTABLE. SEE FEDERAL ACQUISITION REGULATION (FAR), 48 C.F.R. SEC. 14.405 (1986). THE FAILURE TO CERTIFY SIZE STATUS DOES NOT AFFECT THE BID'S RESPONSIVENESS BECAUSE THAT INFORMATION IS NOT REQUIRED TO DETERMINE WHETHER A BID MEETS THE IFB'S MATERIAL REQUIREMENTS. EXTINGUISHER SERVICE, INC., B-214354, JUNE 14, 1984, 84-1 CPD PARA. 629. THE FAILURE TO INCLUDE THE CERTIFICATION THEREFORE MAY BE CORRECTED AFTER BID OPENING. GRACON CORP., B-224344, JULY 7, 1986, 86-2 CPD PARA. 41.

THUS, CAROTHERS' FAILURE TO CERTIFY ITS SIZE STATUS DOES NOT REQUIRE REJECTION OF THE BID AS NONRESPONSIVE. THE PROTEST IS DISMISSED.