B-156069, JUN. 15, 1965

B-156069: Jun 15, 1965

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TO WASKO BUILDING AND CONSTRUCTION COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 3. THE RECORD SHOWS THAT YOUR LOW BID UNDER THE INVITATION WAS REJECTED BY THE CONTRACTING OFFICER PRIMARILY BECAUSE OF HIS DETERMINATION THAT YOU LACKED THE CAPACITY AND CREDIT TO SATISFACTORILY PERFORM THE CONTEMPLATED CONTRACT. THE SMALL BUSINESS ADMINISTRATION WAS REQUESTED TO CONSIDER YOUR RESPONSIBILITY AS A PROSPECTIVE CONTRACTOR FOR THIS PARTICULAR PROCUREMENT. THIS AGENCY IS AUTHORIZED BY 15 U.S.C. 637/B) (7) TO CERTIFY TO GOVERNMENT PROCUREMENT OFFICERS WITH RESPECT TO THE COMPETENCY AS TO CAPACITY AND CREDIT OF ANY SMALL BUSINESS CONCERN. THAT CERTIFICATION IS CONCLUSIVE. WE ARE NOT IN A POSITION TO QUESTION THE CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY IN THIS CASE.

B-156069, JUN. 15, 1965

TO WASKO BUILDING AND CONSTRUCTION COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 3, 1965, AND SUBSEQUENT CORRESPONDENCE, PROTESTING AGAINST THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS NO. 19/617) FOR PROJECT WST 191 -2, ALTERATIONS TO BUILDING S-266 NCO OPEN MESS, WESTOVER AFB, MASSACHUSETTS.

THE RECORD SHOWS THAT YOUR LOW BID UNDER THE INVITATION WAS REJECTED BY THE CONTRACTING OFFICER PRIMARILY BECAUSE OF HIS DETERMINATION THAT YOU LACKED THE CAPACITY AND CREDIT TO SATISFACTORILY PERFORM THE CONTEMPLATED CONTRACT. PURSUANT TO THE PROCEDURES PRESCRIBED IN PARAGRAPH 1-705.4 OF THE ARMED SERVICES PROCUREMENT REGULATION, THE SMALL BUSINESS ADMINISTRATION WAS REQUESTED TO CONSIDER YOUR RESPONSIBILITY AS A PROSPECTIVE CONTRACTOR FOR THIS PARTICULAR PROCUREMENT. THIS AGENCY IS AUTHORIZED BY 15 U.S.C. 637/B) (7) TO CERTIFY TO GOVERNMENT PROCUREMENT OFFICERS WITH RESPECT TO THE COMPETENCY AS TO CAPACITY AND CREDIT OF ANY SMALL BUSINESS CONCERN, AND THAT CERTIFICATION IS CONCLUSIVE.

YOUR FIRM, HOWEVER, DID NOT COOPERATE WITH THE SMALL BUSINESS ADMINISTRATION IN THIS MATTER IN THAT IT FAILED TO FURNISH TO THAT AGENCY THE DOCUMENTATION WHICH IT REQUESTED AS A BASIS FOR ITS INDEPENDENT INVESTIGATION OF THE MATTER.

IN THE CIRCUMSTANCES, AND IN VIEW OF YOUR FAILURE TO AVAIL YOURSELF OF THE PROCEDURE PROVIDED BY LAW, WE ARE NOT IN A POSITION TO QUESTION THE CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY IN THIS CASE.

WE ARE, HOWEVER, FORWARDING A COPY OF YOUR LETTER OF APRIL 12, 1965, TO THE SECRETARY OF THE AIR FORCE WITH THE SUGGESTION THAT THE ALLEGATIONS CONTAINED THEREIN BE INVESTIGATED.