Hedgecock Electric, Inc.

B-274776.2 Jan 31, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Low bid was properly 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. Hedgecock's bid was rejected because the individual designated as the "certifier" on the certificate of procurement integrity did not personally sign that document. Because 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) . . . View Decision Matter of: Hedgecock Electric, Inc. File: B-274776.2 Date: January 31, 1997 Low bid was properly 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 Hedgecock Electric, Inc. protests the rejection of its bid and the award of a contract to Overstreet Electric Company under invitation for bids (IFB) No. F33601-96-B-9009, issued by the Department of the Air Force for electrical work at Wright-Patterson Air Force Base, Ohio. Hedgecock's bid was rejected because the individual designated as the "certifier" on the certificate of procurement integrity did not personally sign that document. We deny the protest. The IFB, issued July 15, 1996, required bidders to submit the standard bid form (SF) 1442 and a bid bond. Additionally, because 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 section 27(e) of 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 certifies 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 certification 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." Of the nine bids received by the August 22 bid opening, Hedgecock's bid of $546,000 was low, and Overstreet's bid was second low at $549,183. Hedgecock's bid contained the signature of Ronald W.