BNUMBER:  B-274685
DATE:  November 4, 1996
TITLE:  Hutchinson Construction Services

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Matter of:Hutchinson Construction Services

File:     B-274685

Date:November 4, 1996

Alan M. Grayson, Esq., and James S. DelSordo, Esq., Alan M. Grayson & 
Associates, for the protester.
Thomas C. Papson, Esq., McKenna & Cuneo, L.L.P., for Magnum, Inc., an 
intervenor.
Christopher M. Bellomy, Esq., Department of the Navy, for the agency.
Katherine I. Riback, Esq., and Paul Lieberman, Esq., Office of the 
General Counsel, GAO, participated in the preparation of the decision.

DIGEST

Bidder's failure to enter the entire solicitation number on 
Certificate of Procurement Integrity form does not render bid 
nonresponsive where the completed certificate was physically submitted 
with the bid and the project title and the procuring activity were 
identified on the preprinted legend on the top of the bidder's 
certificate.  

DECISION

Hutchinson Construction Services protests the award of a contract to 
Magnum, Inc. under invitation for bids (IFB) No. N62472-96-B-0440, 
issued by the Department of the Navy for the construction of a 
hazardous waste handling facility at the Naval Base in Philadelphia, 
Pennsylvania.  Hutchinson, the second low bidder, argues that the low 
bid submitted by Magnum, Inc. is nonresponsive because Magnum failed 
to properly execute the required Certificate of Procurement Integrity.  

We deny the protest.

The IFB was issued on July 19, 1996.  The IFB contained the full text 
of the Certificate of Procurement Integrity Clause, Federal 
Acquisition Regulation 
 sec.  52.203-8.  At bid opening on August 29, Magnum's bid was low and 
Magnum received the award.  Hutchinson protests that Magnum's bid 
should be rejected as nonresponsive because on the space provided on 
the certificate for the solicitation number, Magnum inserted 
"96-B-0440," rather than the entire solicitation number.

The certification requirement of the Office of Federal Procurement 
Policy (OFPP) Act, as amended, 41 U.S.C.  sec.  423(e) (1994), implemented 
in the Certificate of Procurement Integrity Clause, imposes 
substantial legal obligations and is thus a material solicitation term 
which constitutes a matter of responsiveness.  See Mid-East 
Contractors, Inc., 70 Comp. Gen. 383 (1991), 91-1 CPD  para.  342.  Where a 
bid's responsiveness is challenged, we view the bid to determine 
whether the bid represents an unequivocal commitment to perform 
without exception the specifications called for in the IFB so that the 
bidder will be bound to perform in accordance with all the material 
terms and specifications.  Contech Constr. Co., B-241185, Oct. 1, 
1990, 90-2 CPD  para.  264.  

Despite its failure to insert the entire solicitation number, it is 
clear that Magnum unequivocally committed itself to the certification 
requirements.  As noted above, Magnum inserted the partial 
designation, "96-B-0440," on the space provided on the certificate for 
the solicitation number.  The agency states that the only purpose of 
the segment of the solicitation number omitted by Magnum is to 
identify the contracting activity.  However, both the title of the 
solicited project and the procuring activity, "HAZARDOUS WASTE 
HANDLING FACILITY, NAVAL BASE, PHILADELPHIA, PA," were already 
identified on Magnum's certificate on the preprinted legend at the top 
of the page.  In addition, Magnum completed and physically submitted 
with its bid the actual certificate form furnished by the Navy for 
this IFB.  Under these circumstances, there is sufficient evidence to 
identify the certificate with this particular IFB.  Woodington Corp., 
B-244579.2, Oct. 29, 1991, 91-2 CPD  para.  393.

The protest is denied.  

Comptroller General 
of the United States