B-162015, AUG. 17, 1967

B-162015: Aug 17, 1967

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AGENCY THAT URGENT NEED FOR PROCUREMENT SET ASIDE FOR SMALL BUSINESS DID NOT PERMIT DELAY TO AFFORD LOW BIDDER OPPORTUNITY TO APPEAL FROM SBA DECISION THAT COMPANY WAS NOT SMALL BUSINESS UPHELD. KNABE AND COBBS: REFERENCE IS MADE TO YOUR TELEGRAM OF JULY 12. APPEALED TO THE SMALL BUSINESS ADMINISTRATION (SBA) SIZE APPEALS BOARD FROM A DECISION BY THE SBA REGIONAL OFFICE THAT THE COMPANY WAS NOT A SMALL BUSINESS CONCERN FOR THE PURPOSES OF THIS PROCUREMENT. THE CONTRACTING OFFICER HAS ADVISED THAT ALTHOUGH A TELEGRAM REQUESTING THAT NO AWARD BE MADE PENDING THE DETERMINATION OF THE SIZE APPEALS BOARD WAS RECEIVED FROM CHOCTAW PRIOR TO AN AWARD TO THE NEXT LOW BIDDER. A DETERMINATION WAS MADE THAT THE AWARD HAD TO BE MADE WITHOUT FURTHER DELAY BECAUSE OF A CRITICAL SUPPLY POSITION.

B-162015, AUG. 17, 1967

BIDDERS - RESPONSIBILITY - SMALL BUSINESS DECISION PROTESTING THAT DEFENSE SUPPLY AGENCY WOULD NOT SUSPEND AWARD WHILE CHOCTAW MFG. CO. APPEALED SBA SIZE DETERMINATION. DETERMINATION BY DEFENSE SUPPLY AGENCY UNDER PAR. 1-703 (B) (3) (W) ASPR, AGENCY THAT URGENT NEED FOR PROCUREMENT SET ASIDE FOR SMALL BUSINESS DID NOT PERMIT DELAY TO AFFORD LOW BIDDER OPPORTUNITY TO APPEAL FROM SBA DECISION THAT COMPANY WAS NOT SMALL BUSINESS UPHELD.

TO CAPELL, HOWARD, KNABE AND COBBS:

REFERENCE IS MADE TO YOUR TELEGRAM OF JULY 12, 1967, PROTESTING THAT THE DEFENSE SUPPLY AGENCY CONTRACTING OFFICER WOULD NOT SUSPEND MAKING AN AWARD UNDER INVITATION FOR BIDS DSA100-67-B-2199, A TOTAL SMALL BUSINESS SET-ASIDE, WHILE CHOCTAW MANUFACTURING COMPANY, INC.- THE APPARENT LOW BIDDER--APPEALED TO THE SMALL BUSINESS ADMINISTRATION (SBA) SIZE APPEALS BOARD FROM A DECISION BY THE SBA REGIONAL OFFICE THAT THE COMPANY WAS NOT A SMALL BUSINESS CONCERN FOR THE PURPOSES OF THIS PROCUREMENT.

THE CONTRACTING OFFICER HAS ADVISED THAT ALTHOUGH A TELEGRAM REQUESTING THAT NO AWARD BE MADE PENDING THE DETERMINATION OF THE SIZE APPEALS BOARD WAS RECEIVED FROM CHOCTAW PRIOR TO AN AWARD TO THE NEXT LOW BIDDER, A DETERMINATION WAS MADE THAT THE AWARD HAD TO BE MADE WITHOUT FURTHER DELAY BECAUSE OF A CRITICAL SUPPLY POSITION. IN THAT CONNECTION, PARAGRAPH 1- 703/B) (3) (IV) OF THE ARMED SERVICES PROCUREMENT REGULATION PROVIDES THAT PROCUREMENT ACTION NEED NOT BE SUSPENDED IN THE CASE OF ANY URGENT PROCUREMENT ACTION WHICH THE CONTRACTING OFFICER DETERMINES IN WRITING MUST BE AWARDED WITHOUT DELAY TO PROTECT THE PUBLIC INTEREST. FURTHER, OUR OFFICE WILL NOT AS A GENERAL RULE QUESTION SUCH DETERMINATIONS OF URGENCY MADE BY CONTRACTING OFFICERS. B-158123, FEBRUARY 28, 1966, COPY ENCLOSED.