B-152746, NOV. 26, 1963

B-152746: Nov 26, 1963

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ESQUIRE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 22. THE PROCUREMENT IS A TOTAL SET ASIDE FOR AWARD TO SMALL BUSINESS. IS ON THE BASIS OF THE BELIEF THAT THE COMPANY WAS DELINQUENT IN DELIVERIES UNDER CURRENT CONTRACTS. IT IS ALLEGED THAT THE COMPANY IS NOT "A SMALL BUSINESS" FIRM. B. MANUFACTURING COMPANY WAS NOT DELINQUENT UNDER ITS ONE CURRENT CONTRACT. THIS WAS CONFIRMED BY LETTER TO YOU DATED OCTOBER 25. 1963 SETTING FORTH THE DELIVERY DATES UNDER THE CONTRACT AND THE DELIVERIES ACTUALLY MADE BY THE CONTRACTOR WHICH SHOWS THAT THE CONTRACTOR WAS. AWARD WAS MADE TO J. THIS REPORT FROM THE SMALL BUSINESS ADMINISTRATION WAS PROMPTED BY A SIMILAR PROTEST BY DOYLE SHIRT MANUFACTURING CORPORATION UNDER THE EARLIER PROCUREMENT.

B-152746, NOV. 26, 1963

TO EDWIN J. MCDERMOTT, ESQUIRE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 22, 1963 PROTESTING ON BEHALF OF DOYLE SHIRT MANUFACTURING CORPORATION AGAINST AN AWARD TO EITHER OF THE TWO LOWER BIDDERS UNDER INVITATION FOR BIDS NO. DSA-1-64- 202, ISSUED BY THE DEFENSE CLOTHING AND TEXTILE SUPPLY AGENCY, PHILADELPHIA, PENNSYLVANIA. THE PROCUREMENT IS A TOTAL SET ASIDE FOR AWARD TO SMALL BUSINESS.

YOUR PROTEST AGAINST AN AWARD TO THE LOW BIDDER, J. B. MANUFACTURING COMPANY, IS ON THE BASIS OF THE BELIEF THAT THE COMPANY WAS DELINQUENT IN DELIVERIES UNDER CURRENT CONTRACTS. AS TO THE SECOND LOW BIDDER, MARTIN MANUFACTURING COMPANY, INC., IT IS ALLEGED THAT THE COMPANY IS NOT "A SMALL BUSINESS" FIRM.

THE REPORT FURNISHED ON THE PROTEST BY THE DEFENSE SUPPLY AGENCY SHOWS THAT THE CONTRACTING AGENCY ADVISED YOU BY TELEPHONE ON OCTOBER 24, 1963 THAT THE J. B. MANUFACTURING COMPANY WAS NOT DELINQUENT UNDER ITS ONE CURRENT CONTRACT. THIS WAS CONFIRMED BY LETTER TO YOU DATED OCTOBER 25, 1963 SETTING FORTH THE DELIVERY DATES UNDER THE CONTRACT AND THE DELIVERIES ACTUALLY MADE BY THE CONTRACTOR WHICH SHOWS THAT THE CONTRACTOR WAS, IN FACT, AHEAD OF REQUIREMENTS. AWARD WAS MADE TO J. B. MANUFACTURING COMPANY, THE LOW BIDDER, ON OCTOBER 29, 1963.

WITH RESPECT TO YOUR CONTENTION THAT THE MARTIN MANUFACTURING COMPANY, INC., DOES NOT QUALIFY AS A SMALL BUSINESS CONCERN, THE RECORD SHOWS THAT THE SMALL BUSINESS ADMINISTRATION ADVISED THE CONTRACTING OFFICE IN JULY 1963 THAT IT DID QUALIFY AS A SMALL BUSINESS CONCERN FOR THE PURPOSES OF AN EARLIER PROCUREMENT. THIS REPORT FROM THE SMALL BUSINESS ADMINISTRATION WAS PROMPTED BY A SIMILAR PROTEST BY DOYLE SHIRT MANUFACTURING CORPORATION UNDER THE EARLIER PROCUREMENT. IN VIEW OF YOUR INSISTENCE THAT MARTIN MANUFACTURING COMPANY, INC., DOES NOT QUALIFY AS A SMALL BUSINESS FIRM, A SECOND REQUEST DATED OCTOBER 23, 1963 WAS MADE BY THE CONTRACTING OFFICER UPON THE SMALL BUSINESS ADMINISTRATION FOR A SIZE DETERMINATION AS TO MARTIN. HOWEVER, SINCE THE AWARD WAS MADE TO THE LOW BIDDER, WHO WAS DETERMINED TO BE RESPONSIBLE, THIS IS NOT MATERIAL UNDER THE INSTANT PROCUREMENT.

IN VIEW OF THE FOREGOING, NO FURTHER ACTION APPEARS NECESSARY BY THIS OFFICE AS TO THIS PROCUREMENT AND THE MATTER WILL BE CONSIDERED CLOSED.