B-150718, MAR. 28, 1963

B-150718: Mar 28, 1963

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INC.: REFERENCE IS MADE TO YOUR TELEGRAM DATED JANUARY 29. THE SUBJECT INVITATION WAS SET ASIDE 100 PERCENT FOR SMALL BUSINESS PARTICIPATION AND CALLED FOR INDEFINITE QUANTITY REQUIREMENTS FOR VARIOUS ITEMS OF PAINT FOR THE PERIOD DECEMBER 1. BIDS WERE OPENED ON OCTOBER 23. CAMBRIDGE COATINGS WAS THE LOW BIDDER ON EIGHT ITEMS. THE CONTRACTING OFFICER CONSIDERED CAMBRIDGE COATINGS TO BE NONRESPONSIBLE BECAUSE IT WAS FELT THAT THE FIRM WAS NOT SUFFICIENTLY EQUIPPED TO PRODUCE THE SEVERAL TYPES OF PAINTS IN THE WIDE VARIETY OF COLORS REQUIRED. THE LOW BID OF CAMBRIDGE COATINGS WAS REJECTED AND AWARD MADE TO OTHER BIDDERS. IT IS YOUR CONTENTION THAT GSA SHOULD HAVE SUBMITTED THE QUESTION OF YOUR COMPETENCY TO THE SAMLL BUSINESS ADMINISTRATION FOR POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY.

B-150718, MAR. 28, 1963

TO THE CAMBRIDGE COATINGS, INC.:

REFERENCE IS MADE TO YOUR TELEGRAM DATED JANUARY 29, 1963, PROTESTING AGAINST THE REJECTION OF YOUR BID UNDER INVITATION FOR BIDS NO. BO-W-I-9- 63 ISSUED BY THE BOSTON REGIONAL OFFICE OF THE GENERAL SERVICES ADMINISTRATION (GSA).

THE SUBJECT INVITATION WAS SET ASIDE 100 PERCENT FOR SMALL BUSINESS PARTICIPATION AND CALLED FOR INDEFINITE QUANTITY REQUIREMENTS FOR VARIOUS ITEMS OF PAINT FOR THE PERIOD DECEMBER 1, 1962, THROUGH NOVEMBER 30, 1963. BIDS WERE OPENED ON OCTOBER 23, 1962, AND CAMBRIDGE COATINGS WAS THE LOW BIDDER ON EIGHT ITEMS. HOWEVER, THE CONTRACTING OFFICER CONSIDERED CAMBRIDGE COATINGS TO BE NONRESPONSIBLE BECAUSE IT WAS FELT THAT THE FIRM WAS NOT SUFFICIENTLY EQUIPPED TO PRODUCE THE SEVERAL TYPES OF PAINTS IN THE WIDE VARIETY OF COLORS REQUIRED. ACCORDINGLY, THE LOW BID OF CAMBRIDGE COATINGS WAS REJECTED AND AWARD MADE TO OTHER BIDDERS.

IT IS YOUR CONTENTION THAT GSA SHOULD HAVE SUBMITTED THE QUESTION OF YOUR COMPETENCY TO THE SAMLL BUSINESS ADMINISTRATION FOR POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY.

THE GENERAL SERVICES ADMINISTRATION REPORTS THAT PURSUANT TO SECTION 1- 1.708-1 OF THE FEDERAL PROCUREMENT REGULATIONS THE SMALL BUSINESS ADMINISTRATION SHOULD HAVE BEEN GIVEN AN OPPORTUNITY TO CERTIFY THE COMPETENCY OF CAMBRIDGE COATINGS AS TO CAPACITY. IT IS FURTHER REPORTED THAT IN VIEW OF THE FACT THAT YOUR FIRM'S PERFORMANCE ON A PREVIOUS CONTRACT FOR FURNISHING PAINT WAS ACCEPTABLE, ALTHOUGH DELINQUENT AS TO TIME OF DELIVERY, IT IS GSA'S BELIEF THAT IN ALL PROBABILITY CAMBRIDGE COATINGS SHOULD HAVE BEEN DEEMED TO BE A RESPONSIBLE BIDDER. IT IS ALSO REPORTED THAT YOUR COMPANY HAS INSTALLED ADDITIONAL LABORATORY EQUIPMENT AND TEST PROCEDURES WHICH SHOULD ENABLE YOU TO PRODUCE PAINT MEETING GSA'S REQUIREMENTS.

WE HAVE BEEN INFORMED FURTHER THAT GSA HAS DECIDED TO CANCEL THE AWARDS TO OTHER BIDDERS ON THE EIGHT ITEMS ON WHICH YOU WERE LOW BIDDER AND AWARD THEM TO YOU. IN VIEW OF THIS ADMINISTRATIVE ACTION WE TRUST THAT ANY POSSIBLE INEQUITY HAS BEEN CORRECTED AND THAT THE QUESTION RAISED BY YOUR PROTEST IS NO LONGER NECESSARY TO RESOLVE. ACCORDINGLY, WE ARE CLOSING OUR FILES ON THE CASE AS OF TODAY.