B-145917, JUN. 5, 1961

B-145917: Jun 5, 1961

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TO THE SECRETARY OF THE ARMY: WE HAVE A LETTER OF MAY 19. THE PROCUREMENT WAS SET ASIDE FOR SMALL BUSINESS FIRMS ONLY AND AWARD WAS MADE TO THE LOW BIDDER UPON ITS SELF-CERTIFICATION AS A SMALL BUSINESS. THAT THE CONTRACTOR WAS NOT. A STOP ORDER WAS ISSUED BEFORE ANY WORK WAS PERFORMED UNDER THE CONTRACT. WE CONSIDERED AN AWARD TO THE SAME FIRM UNDER PARALLEL CIRCUMSTANCES AND CONCLUDED THAT THE AWARD WAS IMPROPER AND THAT THE CONTRACT SHOULD BE CANCELLED.

B-145917, JUN. 5, 1961

TO THE SECRETARY OF THE ARMY:

WE HAVE A LETTER OF MAY 19, 1961, WITH ENCLOSURES, FROM THE CHIEF, CONTRACTS DIVISION, REQUESTING OUR DETERMINATION AS TO THE PROPRIETY OF THE AWARD TO HENDERSON, BLACK AND GREENE, INCORPORATED, OF A CONTRACT PURSUANT TO INVITATION FOR BIDS NO. 01-044-61-19 ISSUED FOR CONSTRUCTION WORK AT FORT RUCKER, ALABAMA.

THE PROCUREMENT WAS SET ASIDE FOR SMALL BUSINESS FIRMS ONLY AND AWARD WAS MADE TO THE LOW BIDDER UPON ITS SELF-CERTIFICATION AS A SMALL BUSINESS. THE SMALL BUSINESS ADMINISTRATION HAS NOW DETERMINED, HOWEVER, THAT THE CONTRACTOR WAS NOT, AT TIME OF AWARD, A SMALL BUSINESS. A STOP ORDER WAS ISSUED BEFORE ANY WORK WAS PERFORMED UNDER THE CONTRACT.

IN OUR DECISION B-145644, MAY 26, 1961, COPY ENCLOSED, WE CONSIDERED AN AWARD TO THE SAME FIRM UNDER PARALLEL CIRCUMSTANCES AND CONCLUDED THAT THE AWARD WAS IMPROPER AND THAT THE CONTRACT SHOULD BE CANCELLED. THE CIRCUMSTANCES REQUIRE THE SAME CONCLUSION IN THIS CASE. ACCORDINGLY, THE CONTRACT SHOULD BE CANCELLED.