Metro Monitoring Services, Inc.

B-274236 Nov 27, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Since the contract was expected to exceed $100. The signer of the certificate is required to collect similar certifications from all other individuals involved in the preparation of the bid or offer. 41 U.S.C. I have no information concerning a violation of . . . the [OFPP] Act . . . occurring during the conduct of this procurement . . . . "(2) . . . Consultant of [Name of Offeror] who has participated personally and substantially in the preparation or submission of this offer has certified that he or she is familiar with. Will comply with. Will report immediately to me any information concerning a violation or possible violation of . . . [the OFPP] Act . . . pertaining to this procurement. . . . . . "(4) I agree that. View Decision Matter of: Metro Monitoring Services, Inc. File: B-274236 Date: November 27, 1996 Low bid should be rejected as nonresponsive where its certificate of procurement integrity identified one person as the certifier but a different person signed the certifier's name on the certificate; the manner of execution of the certificate creates doubt about whether one individual representative of the bidder has made an unequivocal commitment to satisfy the substantial legal obligations imposed by the certificate. Attorneys DECISION Metro Monitoring Services, Inc. protests the proposed award of a contract to Key West Weather Technologies by the Department of Commerce, National Oceanic & Atmospheric Administration, under invitation for bids (IFB) No. 51RANW600039 for weather observation services at Key West International Airport, Florida. We sustain the protest. The agency's Mountain Administrative Support Center in Colorado issued the IFB on behalf of the National Weather Service as a total small business set-aside for the weather observation services for a base period of 1 year with 2 option years. Since the contract was expected to exceed $100,000, the IFB, pursuant to Federal Acquisition Regulation (FAR) Sec. 3.104- 10(a), contained the standard certificate of procurement integrity clause found at FAR Sec. 52.203-8. That clause implements the Office of Federal Procurement Policy (OFPP) Act, 41 U.S.C. Sec. 423(e) (1994), which precludes federal agencies from awarding a contract to a firm unless the officer or employee responsible for preparing the offer or bid certifies in writing that neither he nor those employees who participated in preparing the bid has any information concerning violations or possible violations of the OFPP Act, and to certify to the veracity of that disclosure. [1] Mid-East Contractors, Inc., 70 Comp.Gen. 383 (1991), 91-1 CPD Para. 342. The certification requirement obligates the officer or employee responsible for the bid or offer to become familiar with the prohibitions of the OFPP Act, and imposes a requirement to make full disclosure of any possible violations of the OFPP Act. Id. Additionally, the signer of the certificate is required to collect similar certifications from all other individuals involved in the preparation of the bid or offer. 41 U.S.C. Sec. 423(e)(1)(B). The certification clause incorporated in the IFB stated, in pertinent part, the following: "CERTIFICATE OF PROCUREMENT INTEGRITY "(1) I, [Name of certifier] , am the officer or employee responsible for the preparation of this offer and hereby certify that, to the best of my knowledge and belief, . . . I have no information concerning a violation of . . . the [OFPP] Act . . . occurring during the conduct of this procurement . . . . "(2) . . . I further certify that, to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of [Name of Offeror] who has participated personally and substantially in the preparation or submission of this offer has certified that he or she is familiar with, and will comply with, the requirements of . . . [the OFPP] Act . . . , and will report immediately to me any information concerning a violation or possible violation of . . . [the OFPP] Act . . . pertaining to this procurement. . . . . . "(4) I agree that, if awarded a contract under this solicitation, the certifications required by . . . the Act shall be maintained in accordance with paragraph (f) of this provision. [Signature of the officer or employee responsible for the offer and date] [Typed name of officer or employee responsible for the offer] . . . . . "THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001." The low bid at the August 6 bid opening was submitted by Key West Weather Technologies for $474,000; Metro Monitoring Services, Inc. submitted the next low bid at $487,788.