B-141594, APR. 18, 1960

B-141594, APR. 18, 1960

TO BARRETT'S TRANSFER AND STORAGE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 30, 1959, PROTESTING AGAINST THE AWARD OF CONTRACTS TO OTHER BIDDERS UNDER INVITATION FOR BIDS NO. IFB600-957-60, AS AMENDED, ISSUED BY THE NAVY PURCHASING OFFICE, WASHINGTON, D.C., ON NOVEMBER 24, 1959, FOR THE PACKING, CRATING, AND TRANSPORTATION OF HOUSEHOLD EFFECTS OF NAVY PERSONNEL STATIONED WITHIN THE LIMITS OF ZONE 2 COMPRISING THE DISTRICT OF COLUMBIA AND A PORTION OF THE STATE OF MARYLAND. THE INVITATION RESTRICTED AWARDS TO ONE OR MORE SMALL BUSINESS CONCERNS UNDER A DETERMINATION MADE PURSUANT TO 15 U.S.C. 644.

ON THE SCHEDULED BID OPENING DATE OF DECEMBER 18, 1959, A TOTAL OF 5 BIDS WERE RECEIVED AND TABULATED.

TABLE

BARRETT'S TRANSFER AND STORAGE $ 86,922.50

CANNON BALL TRANSIT CO., INC. 89,512.50

FIDELITY STORAGE CO. 92,062.50

MERCHANTS TRANSFER AND STORAGE CO. 92,350.00

AMERICAN STORAGE CO. 136,650.00

A PRE-AWARD SURVEY WAS CONDUCTED OF YOUR FACILITIES ON DECEMBER 23, 1959, PURSUANT TO SECTION S OF THE INVITATION. REJECTION OF YOUR BID WAS RECOMMENDED BY THE INSPECTOR OF NAVAL MATERIAL, BALTIMORE, ON THE BASIS OF THE PRE-AWARD SURVEY WHICH SHOWED A LACK OF SUFFICIENT KNOWLEDGE OF SPECIFICATION REQUIREMENTS, AND UNACCEPTABLE HOUSEKEEPING PRACTICES. ADDITION, THE SURVEY DISCLOSED THAT YOUR FACILITIES WERE NOT EQUIPPED WITH AUTOMATIC FIRE OR BURGLAR ALARM SYSTEMS AND THAT NO WATCHMAN SERVICE WAS MAINTAINED. INASMUCH AS THE PRE-AWARD SURVEY RAISED A QUESTION AS TO YOUR RESPONSIBILITY AS A PROSPECTIVE CONTRACTOR UNDER THE INVITATION, THE SMALL BUSINESS ADMINISTRATION WAS REQUESTED TO DETERMINE WHETHER THE BENEFITS OF THE SMALL BUSINESS ACT, 15 U.S.C. 637, SHOULD BE EXTENDED TO YOU. THAT AGENCY DETERMINED THAT YOU WERE NOT A SMALL BUSINESS CONCERN WITHIN THE MEANING OF THE ACT BECAUSE OF YOUR AFFILIATION WITH NORTH AMERICAN VAN LINES AND, THEREFORE, MADE NO DETERMINATION AS TO YOUR CAPACITY. IT IS REPORTED THAT, ON THE BASIS OF THIS INFORMATION, YOUR BID WAS REJECTED BY THE CONTRACTING OFFICER IN THE LIGHT OF THE PREAWARD SURVEY. THEREAFTER, ON FEBRUARY 1, 1960, AWARD OF THE PRIMARY CONTRACT WAS MADE TO THE FIDELITY STORAGE COMPANY AS THE LOWEST RESPONSIBLE BIDDER UNDER THE INVITATION. SECONDARY CONTRACTS FOR SERVICES IN EXCESS OF THE PRIMARY CONTRACTOR'S GUARANTEED CAPACITIES WERE AWARDED TO MERCHANTS TRANSFER AND STORAGE AND TO THE AMERICAN STORAGE COMPANY.

ASIDE FROM ANY QUESTION AS TO YOUR RESPONSIBILITY AS A PROSPECTIVE CONTRACTOR, THERE WAS NO AUTHORITY UNDER THE INVITATION AS WRITTEN TO AWARD ANY RESULTING CONTRACT TO OTHER THAN A SMALL BUSINESS CONCERN. THAT BEING THE CASE, AND SINCE THE SMALL BUSINESS ADMINISTRATION DETERMINED THAT YOUR FIRM WAS NOT A SMALL BUSINESS CONCERN, AWARD TO YOUR FIRM WAS EFFECTIVELY PRECLUDED BY LAW. SEE 15 U.S.C. 637 (B) (6).

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, NO LEGAL BASES EXIST FOR QUESTIONING THE ..END :