B-164142, JUN. 6, 1968

B-164142: Jun 6, 1968

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MAGUIRE AND TUCKER: FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED APRIL 24 AND MAY 14. OR WITHIN 5 WORKING DAYS AFTER BIDS WERE OPENED ON APRIL 23. WE ARE FURTHER ADVISED BY THE DEPARTMENT OF THE NAVY THAT UNDER THE PROVISIONS OF ASPR 1-703 (B) (1) (II) YOUR PROTEST WILL BE FORWARDED TO THE COGNIZANT SMALL BUSINESS ADMINISTRATION REGIONAL OFFICE FOR ITS CONSIDERATION IN ANY FUTURE PROCUREMENT ACTIONS. YOUR PROTEST IS DENIED. YOU ARE ADVISED THAT THE REGULATIONS REQUIRE THAT THE FILING OF PROTESTS AGAINST SIZE STATUS BE MADE WITH THE COGNIZABLE CONTRACTING OFFICER. THE DATE A PROTEST IS FILED HERE IS NOT TO BE REGARDED AS TIMELY COMPLIANCE WITH THE LIMITATION SET OUT IN ASPR 1-703 (B) (1) AND 13 C.F.R. 121.3-5.

B-164142, JUN. 6, 1968

TO SAXON, MAGUIRE AND TUCKER:

FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED APRIL 24 AND MAY 14, 1968, PROTESTING, ON BEHALF OF THE MIAMI BEACH YACHT CORPORATION, THE AWARD OF A CONTRACT TO UNIFLITE, INC., BELLINGHAM, WASHINGTON, UNDER SMALL BUSINESS SET-ASIDE NAVY INVITATION FOR BIDS NO. N00024-68-B-0647, ON THE BASIS THAT UNIFLITE, INC., DOES NOT QUALIFY AS A SMALL BUSINESS CONCERN BECAUSE OF ITS DOMINANCE IN THE MANUFACTURE OF PLASTIC BOATS SUCH AS THOSE CONTEMPLATED BY THE INVITATION.

THE PROVISIONS OF ARMED SERVICES PROCUREMENT REGULATION (ASPR) 1 703 (B) (1) REQUIRE THAT ANY PROTEST CHALLENGING THE SMALL BUSINESS STATUS OF ANOTHER BIDDER OR OFFEROR ON THE SAME PROCUREMENT MUST BE FILED IN WRITING WITH THE CONTRACTING OFFICER RESPONSIBLE FOR THE PROCUREMENT AND MUST BE RECEIVED BY THE CONTRACTING OFFICER PRIOR TO THE CLOSE OF BUSINESS ON THE FIFTH WORKING DAY AFTER THE BID OPENING DATE. TO THE SAME EFFECT, SEE SECTION 121.3-5 OF THE SMALL BUSINESS SIZE STANDARDS REGULATION CODIFIED AT 13 C.F.R. 121.3-5. ADMINISTRATIVE REPORTS RECEIVED FROM THE SMALL BUSINESS ADMINISTRATION AND THE DEPARTMENT OF THE NAVY REVEAL THAT NO PROTEST HAD BEEN FILED BY MIAMI BEACH YACHT CORPORATION WITH THE CONTRACTING OFFICER WITHIN THAT TIME LIMITATION, OR WITHIN 5 WORKING DAYS AFTER BIDS WERE OPENED ON APRIL 23, 1968. HOWEVER, WE ARE FURTHER ADVISED BY THE DEPARTMENT OF THE NAVY THAT UNDER THE PROVISIONS OF ASPR 1-703 (B) (1) (II) YOUR PROTEST WILL BE FORWARDED TO THE COGNIZANT SMALL BUSINESS ADMINISTRATION REGIONAL OFFICE FOR ITS CONSIDERATION IN ANY FUTURE PROCUREMENT ACTIONS.

ACCORDINGLY, YOUR PROTEST IS DENIED.

REGARDING YOUR INQUIRY AS TO THE PROPRIETY OF CONSIDERING THE FILING DATE OF THE SIZE PROTEST AS THE DATE YOU ADDRESSED YOUR PROTEST LETTER TO OUR OFFICE, YOU ARE ADVISED THAT THE REGULATIONS REQUIRE THAT THE FILING OF PROTESTS AGAINST SIZE STATUS BE MADE WITH THE COGNIZABLE CONTRACTING OFFICER. HENCE, THE DATE A PROTEST IS FILED HERE IS NOT TO BE REGARDED AS TIMELY COMPLIANCE WITH THE LIMITATION SET OUT IN ASPR 1-703 (B) (1) AND 13 C.F.R. 121.3-5.