B-149307, AUG. 14, 1962

B-149307: Aug 14, 1962

Additional Materials:

Contact:

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

 

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

THE CONTRACTING OFFICER MIGHT HAVE DECIDED THAT THE AWARD WAS REQUIRED TO BE MADE WITHOUT DELAY. YOU ALSO REQUEST THAT IF THE CONTRACTING OFFICER THEN DECIDES THAT YOU ARE NOT RESPONSIBLE. ACTION WAS TAKEN BY THE PROCURING ACTIVITY WHICH AFFORDED THE SMALL BUSINESS ADMINISTRATION AN OPPORTUNITY TO ISSUE A CERTIFICATE OF COMPETENCY TO YOUR FIRM. SINCE UNDER THE PROVISIONS OF ASPR 1-705.6 (B) AWARD WAS NECESSARILY "WITHHELD PENDING EITHER SBA ACTION CONCERNING ISSUANCE OF A CERTIFICATE OF COMPETENCY OR THE EXPIRATION OF FIFTEEN WORKING DAYS AFTER SBA IS SO NOTIFIED. WHICHEVER IS EARLIER.'. SINCE YOUR REQUESTS HAVE BEEN COMPLIED WITH.

B-149307, AUG. 14, 1962

TO GOODWIN - MCDOWELL STEEL CORPORATION:

IN YOUR LETTER OF JUNE 26, 1962, YOU PROTESTED THE ACTION OF THE CONTRACTING OFFICER AT THE PHILADELPHIA ORDNANCE DISTRICT, PHILADELPHIA, PENNSYLVANIA, WHO REFUSED TO GRANT TO YOU AN EXTENSION OF TIME SO THAT YOU MIGHT ESTABLISH YOUR FINANCIAL CAPABILITY IN ORDER TO QUALIFY FOR AWARD UNDER INVITATIONS FOR BIDS ORD-20-113-62-1900 AND ORD-20-113-62-2345. YOU ALSO EXPRESSED SOME APPREHENSION THAT UNDER THE PROVISIONS OF ASPR 1-705.6 (B) (I), THE CONTRACTING OFFICER MIGHT HAVE DECIDED THAT THE AWARD WAS REQUIRED TO BE MADE WITHOUT DELAY, THEREBY ELIMINATING THE POSSIBILITY OF YOUR COMPANY'S APPLYING FOR A CERTIFICATE OF COMPETENCY FROM THE SMALL BUSINESS ADMINISTRATION. YOU REQUEST AN EXTENSION OF SEVEN DAYS TO PREPARE YOUR FINANCIAL STATEMENT, AND YOU ALSO REQUEST THAT IF THE CONTRACTING OFFICER THEN DECIDES THAT YOU ARE NOT RESPONSIBLE, THAT YOUR APPLICATION FOR CERTIFICATE OF COMPETENCY BE CONSIDERED.

THE REPORT FROM THE ADMINISTRATIVE AGENCY INDICATES THAT ON JUNE 27, 1962, ONE DAY AFTER A PREAWARD SURVEY HAD FOUND YOUR COMPANY TO BE NONRESPONSIBLE, ACTION WAS TAKEN BY THE PROCURING ACTIVITY WHICH AFFORDED THE SMALL BUSINESS ADMINISTRATION AN OPPORTUNITY TO ISSUE A CERTIFICATE OF COMPETENCY TO YOUR FIRM. THE RECORD ALSO SHOWS, HOWEVER, THAT ON JULY 10, 1962, YOU WITHDREW YOUR APPLICATION FOR THE CERTIFICATE OF COMPETENCY.

IT APPEARS FROM THE RECORD THAT THE DEPARTMENT OF THE ARMY HAS COMPLIED WITH BOTH OF YOUR REQUESTS. IT INQUIRED IF THE SMALL BUSINESS ADMINISTRATION WISHED TO ISSUE A CERTIFICATE OF COMPETENCY. BY DOING SO, IT PERMITTED YOU MORE THAN SEVEN DAYS TO PREPARE YOUR FINANCIAL STATEMENT, SINCE UNDER THE PROVISIONS OF ASPR 1-705.6 (B) AWARD WAS NECESSARILY "WITHHELD PENDING EITHER SBA ACTION CONCERNING ISSUANCE OF A CERTIFICATE OF COMPETENCY OR THE EXPIRATION OF FIFTEEN WORKING DAYS AFTER SBA IS SO NOTIFIED, WHICHEVER IS EARLIER.'

SINCE YOUR REQUESTS HAVE BEEN COMPLIED WITH, THERE APPEARS TO BE NO FURTHER ACTION WHICH THIS OFFICE MAY TAKE WITH RESPECT TO YOUR PROTEST.