B-139696, JUL. 13, 1959

B-139696: Jul 13, 1959

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TO BROWNWOOD MANUFACTURING COMPANY: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF MAY 22. THAT YOU HAVE NOTHING IN ADDITION TO SUBMIT WITH RESPECT TO THE PROTEST. INVITATION NO. 644 WAS ISSUED ON APRIL 1. INVITATION NO. 684 WAS ISSUED ON APRIL 9. INVITATION NO. 644 WAS ISSUED ON APRIL 1. OPENED ON FOLLOWS: "BIDS OR PROPOSALS UNDER THIS PROCUREMENT ARE SOLICITED FROM SMALL BUSINESS CONCERNS ONLY AND THIS PROCUREMENT IS TO BE AWARDED ONLY TO ONE OR MORE SMALL BUSINESS CONCERNS. THIS ACTION IS BASED ON A DETERMINATION BY THE CONTRACTING OFFICER. THAT IT IS IN THE INTEREST OF MAINTAINING OR MOBILIZING THE NATION'S FULL PRODUCTIVE CAPACITY OR IN THE INTEREST OF WAR OR NATIONAL DEFENSE PROGRAMS.'.

B-139696, JUL. 13, 1959

TO BROWNWOOD MANUFACTURING COMPANY:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF MAY 22, 1959, PROTESTING ANY AWARD UNDER INVITATIONS FOR BIDS NOS. QM/CTM/-36-243-59 644 AND QM/CTM/-36-243-59-684 PENDING FURTHER DETERMINATION OF YOUR STATUS. WHILE THE TELEGRAM INDICATES THAT A FURTHER EXPLANATION WOULD FOLLOW, WE ASSUME, SINCE SUCH EXPLANATION HAS NOT BEEN RECEIVED, THAT YOU HAVE NOTHING IN ADDITION TO SUBMIT WITH RESPECT TO THE PROTEST.

INVITATION NO. 644 WAS ISSUED ON APRIL 1, 1959, AND OPENED ON APRIL 22, 1959. INVITATION NO. 684 WAS ISSUED ON APRIL 9, 1959, AMENDED BY ADDENDUM NO. 1 DATED APRIL 17, 1959, AND OPENED ON APRIL 30, 1959.

INVITATION NO. 644 WAS ISSUED ON APRIL 1, 1959, AND OPENED ON FOLLOWS:

"BIDS OR PROPOSALS UNDER THIS PROCUREMENT ARE SOLICITED FROM SMALL BUSINESS CONCERNS ONLY AND THIS PROCUREMENT IS TO BE AWARDED ONLY TO ONE OR MORE SMALL BUSINESS CONCERNS. THIS ACTION IS BASED ON A DETERMINATION BY THE CONTRACTING OFFICER, ALONE OR IN CONJUNCTION WITH A REPRESENTATIVE OF THE SMALL BUSINESS ADMINISTRATION, THAT IT IS IN THE INTEREST OF MAINTAINING OR MOBILIZING THE NATION'S FULL PRODUCTIVE CAPACITY OR IN THE INTEREST OF WAR OR NATIONAL DEFENSE PROGRAMS.'

SMALL BUSINESS SET-ASIDES OF THIS TYPE ARE AUTHORIZED BY SECTION 15 OF THE SMALL BUSINESS ACT, 72 STAT. 395.

BECAUSE OF A DETERMINATION BY THE SMALL BUSINESS ADMINISTRATION ON THE STATUS OF BROWNWOOD IN CONNECTION WITH ANOTHER INVITATION, THE CONTRACTING OFFICER REQUESTED A DETERMINATION AS TO WHETHER THAT FIRM QUALIFIED AS A SMALL BUSINESS CONCERN UNDER THE PROCUREMENT HERE BEING CONSIDERED. THE SMALL BUSINESS ADMINISTRATION ADVISED THE PROCURING AGENCY ON JUNE 5, 1959, THAT BROWNWOOD, FOR PURPOSES OF THIS PROCUREMENT, WAS DETERMINED TO BE A LARGE BUSINESS. SUCH DETERMINATION BY THE SMALL BUSINESS ADMINISTRATION IS MADE CONCLUSIVE ON THE PROCUREMENT AGENCIES OF THE GOVERNMENT BY SECTION 8 (B) (6) OF THE SMALL BUSINESS ACT, 72 STAT. 390. IN VIEW THEREOF, IT IS CLEAR THAT BROWNWOOD IS NOT ELIGIBLE FOR AWARD UNDER THE TERMS OF THE INVITATIONS AND WE MUST CONCLUDE THAT THE BIDS SUBMITTED BY BROWNWOOD PURSUANT TO THE INVITATIONS WERE PROPERLY REJECTED.