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B-237387, B-237388, Jan 24, 1990, 90-1 CPD 102

B-237387,B-237388 Jan 24, 1990
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Highlights

PROCUREMENT - Small Purchase Method - Contract awards - Propriety - Contractors - Identification DIGEST: An agency may issue a valid purchase order to a firm under a name which includes a phrase in addition to its corporate name where the firm to be bound is clearly identified and the additional phrase does not describe any other active business. Sage contends that the quotes should have been rejected since "CMC. The purchase orders in those amounts were issued to "CMC Inc. aka Computer Maintenance Centers. The protester argues that since there is no entity that can use both the names CMC. Is a legal entity incorporated in the State of New Mexico. It is also evident from the record that at the time the quotes were submitted there was no separate entity doing business in New Mexico under the name of Computer Maintenance Centers.

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B-237387, B-237388, Jan 24, 1990, 90-1 CPD 102

PROCUREMENT - Small Purchase Method - Contract awards - Propriety - Contractors - Identification DIGEST: An agency may issue a valid purchase order to a firm under a name which includes a phrase in addition to its corporate name where the firm to be bound is clearly identified and the additional phrase does not describe any other active business.

Sage Computer Resources, Inc.:

Sage Computer Resources, Inc., protests the issuance of purchase orders to "CMC, Inc. aka Computer Maintenance Centers, Inc.," under request for quotations Nos. DAKF49-89-Q-0481 and DAKF49-89-Q-0513, issued pursuant to small purchase procedures by the Department of the Army, Fort Sam Houston, Texas, for computer maintenance. Sage contends that the quotes should have been rejected since "CMC, Inc. aka Computer Maintenance Centers, Inc.," does not exist as a legal entity.

We deny the protests.

"CMC, Inc. aka Computer Maintenance Centers, Inc.," submitted the low quotes of $2,700 and $15,526 under both RFQs. In both instances, the purchase orders in those amounts were issued to "CMC Inc. aka Computer Maintenance Centers, Inc."

In essence, the protester argues that since there is no entity that can use both the names CMC, Inc., and Computer Maintenance Centers, Inc., no contract could be awarded to a firm using both names.

We disagree. The record clearly shows that CMC, Inc., is a legal entity incorporated in the State of New Mexico. It is also evident from the record that at the time the quotes were submitted there was no separate entity doing business in New Mexico under the name of Computer Maintenance Centers, Inc. Consequently, it is our view that at most the use of the phrase "aka Computer Maintenance Centers, Inc." in both the firm's quotes and its purchase orders was at most legally irrelevant /1/ and did not prevent the identification of the contracting entity as CMC, Inc., nor interfere with the formation of binding contracts with that firm. See Americorp, B-232688, Nov. 23, 1988, 88-2 CPD Para. 515.

The protest is denied.

/1/ It appears from the record that CMC, Inc., purchased the trade name "Computer Maintenance Center" and may well be authorized to use the name.

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