B-153462, MAR. 27, 1964

B-153462: Mar 27, 1964

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YOU FURTHER STATE THAT SAFEWAY HEAT IS NOT LOCATED IN A LABOR SURPLUS AREA. THAT YOUR FIRM IS SO LOCATED AND HAS SUBMITTED A PROPOSAL WITHIN 120 PERCENT OF THE LOW PROPOSAL. THAT YOUR FIRM WAS NOT GIVEN AN OPPORTUNITY TO MEET THE LOW PROPOSAL. FOUR OFFERS WERE SUBMITTED IN RESPONSE TO THE REQUEST FOR PROPOSALS ON NOVEMBER 29. IT WAS AWARDED CONTRACT NO. " THERE WAS NO OBLIGATION ON THE PART OF THE PROCUREMENT AGENCY TO FOLLOW THE "BID MATCHING" PROCEDURES OUTLINED IN ASPR 1-804.2. WE NOTE THAT NO EQUAL LOW OFFERS WERE RECEIVED AND THAT THE BUY AMERICAN ACT WAS NOT A FACTOR FOR CONSIDERATION IN THIS PROCUREMENT. THE PROCUREMENT CONTEMPLATED BY THE REQUEST FOR PROPOSALS WAS TOTALLY SET ASIDE FOR AWARD TO SMALL BUSINESS CONCERNS AS PROVIDED BY THE TOTAL SMALL BUSINESS SET-ASIDE PROVISIONS OF PARAGRAPH 11N THEREOF.

B-153462, MAR. 27, 1964

TO AEROSPACE ELECTRONICS, INC.:

BY LETTER DATED FEBRUARY 6, 1964, YOU PROTESTED AGAINST THE AWARD MADE TO SAFEWAY HEAT ELEMENTS, INC., UNDER REQUEST FOR PROPOSALS NO. AMC/Z/-01-021 -64-774, ISSUED BY THE UNITED STATES ARMY MATERIEL COMMAND ON OCTOBER 31, 1963, COVERING 125 EACH "G AND C ELECTRIC BLANKET" AND 1 PREPRODUCTION MODEL OF THE END ITEM.

YOU PROTEST ON THE BASIS THAT "PAGES 12 AND 13 OF THIS REQUEST FOR PROPOSAL, PARAGRAPHS G. (1) THROUGH G. (2) (II) BY REFERENCE MAKE APPLICABLE TO THIS REQUEST FOR PROPOSAL THE SET-ASIDE OF THIS AWARD IN ACCORDANCE WITH THE DOD LABOR SURPLUS AREA PROGRAM.' YOU FURTHER STATE THAT SAFEWAY HEAT IS NOT LOCATED IN A LABOR SURPLUS AREA; THAT YOUR FIRM IS SO LOCATED AND HAS SUBMITTED A PROPOSAL WITHIN 120 PERCENT OF THE LOW PROPOSAL, AND THAT YOUR FIRM WAS NOT GIVEN AN OPPORTUNITY TO MEET THE LOW PROPOSAL.

FOUR OFFERS WERE SUBMITTED IN RESPONSE TO THE REQUEST FOR PROPOSALS ON NOVEMBER 29, 1963, AS SCHEDULED, AND IT APPEARED THAT SAFEWAY HEAT SUBMITTED THE LOWEST OFFER FOLLOWED BY THE OFFER FROM YOUR FIRM. SINCE SAFEWAY HEAT SUBMITTED THE LOWEST ACCEPTABLE OFFER, IT WAS AWARDED CONTRACT NO. DA-19-020-AMC-341/Z) ON JANUARY 21, 1964.

PARAGRAPH 11G OF THE REQUEST FOR PROPOSALS ENTITLED "IDENTIFICATION OF LABOR SURPLUS AREA CONCERNS" PROVIDED, IN EFFECT, THAT PREFERENCE IN CONTRACT AWARD WOULD BE GIVEN TO LABOR SURPLUS AREA CONCERNS IN THE CASE OF LABOR SURPLUS AREA SET-ASIDES, EQUAL LOW BIDS, AND THE EVALUATION OF PROPOSALS IN ACCORDANCE WITH THE BUY AMERICAN ACT. HOWEVER, THE REQUEST FOR PROPOSALS DID NOT SET ASIDE A PORTION OF THE PROCUREMENT FOR AWARD TO A LABOR SURPLUS AREA CONCERN. SEE, IN THIS CONNECTION, ASPR I-804.2 PRESCRIBING THE PROCEDURES FOR LABOR SURPLUS AREA SET-ASIDE AWARDS. SINCE THE REQUEST FOR PROPOSALS DID NOT CONTAIN THE REQUIRED REGULATORY "NOTICE OF LABOR SURPLUS AREA SET ASIDE," THERE WAS NO OBLIGATION ON THE PART OF THE PROCUREMENT AGENCY TO FOLLOW THE "BID MATCHING" PROCEDURES OUTLINED IN ASPR 1-804.2. IN THAT CONNECTION, WE NOTE THAT NO EQUAL LOW OFFERS WERE RECEIVED AND THAT THE BUY AMERICAN ACT WAS NOT A FACTOR FOR CONSIDERATION IN THIS PROCUREMENT. THE PROCUREMENT CONTEMPLATED BY THE REQUEST FOR PROPOSALS WAS TOTALLY SET ASIDE FOR AWARD TO SMALL BUSINESS CONCERNS AS PROVIDED BY THE TOTAL SMALL BUSINESS SET-ASIDE PROVISIONS OF PARAGRAPH 11N THEREOF. SINCE AWARD WAS MADE TO A SMALL BUSINESS CONCERN IN ACCORDANCE WITH THE TERMS OF THE REQUEST FOR PROPOSALS, WE FIND NO BASIS TO QUESTION THE AWARD MADE TO SAFEWAY HEAT. ACCORDINGLY, YOUR PROTEST IS DENIED.