B-166963-2, AUG. 19, 1969

B-166963-2: Aug 19, 1969

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BID PROTEST - SMALL BUSINESS STATUS LETTER TO GENERAL SERVICES ADMINISTRATION POINTING OUT THAT DENIAL OF PROTEST AGAINST AWARD TO A NONRESPONSIVE BIDDER WHO DID NOT QUALIFY UNDER SMALL BUSINESS SET-ASIDE SHOULD NOT BE CONSTRUED AS ENCOURAGING AWARDS WITHOUT RESOLICITATION ON AN UNRESTRICTED BASIS WHERE ALL BIDDERS ARE NONRESPONSIVE TO SMALL BUSINESS RESTRICTION. KUNZIG: REFERENCE IS MADE TO THE PROTEST BY M.S. THE PROTEST WAS THE SUBJECT OF A REPORT FROM YOUR GENERAL COUNSEL DATED JUNE 30. ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE COMPANY. YOU WILL NOTE THAT WE HAVE CONCLUDED THAT A CONTRACT WAS IMPROPERLY AWARDED TO A NONRESPONSIVE BIDDER. THAT OUR DENIAL OF THIS PROTEST SHOULD NOT BE CONSTRUED AS ENCOURAGING THE MAKING OF AWARDS WITHOUT RESOLICITATION ON AN UNRESTRICTED BASIS IN SITUATIONS WHERE ALL BIDDERS ARE NONRESPONSIVE TO AN INVITATION'S RESTRICTIONS CONCERNING SMALL BUSINESS STATUS.

B-166963-2, AUG. 19, 1969

BID PROTEST - SMALL BUSINESS STATUS LETTER TO GENERAL SERVICES ADMINISTRATION POINTING OUT THAT DENIAL OF PROTEST AGAINST AWARD TO A NONRESPONSIVE BIDDER WHO DID NOT QUALIFY UNDER SMALL BUSINESS SET-ASIDE SHOULD NOT BE CONSTRUED AS ENCOURAGING AWARDS WITHOUT RESOLICITATION ON AN UNRESTRICTED BASIS WHERE ALL BIDDERS ARE NONRESPONSIVE TO SMALL BUSINESS RESTRICTION.

TO MR. KUNZIG:

REFERENCE IS MADE TO THE PROTEST BY M.S. GINN AND COMPANY AGAINST THE AWARD OF A CONTRACT UNDER SOLICITATION NO. FPNSO-ET-0341-A, ISSUED BY THE NEW YORK OFFICE OF THE PROCUREMENT OPERATIONS DIVISION OF THE FEDERAL SUPPLY SERVICE. THE PROTEST WAS THE SUBJECT OF A REPORT FROM YOUR GENERAL COUNSEL DATED JUNE 30, 1969.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE COMPANY.

YOU WILL NOTE THAT WE HAVE CONCLUDED THAT A CONTRACT WAS IMPROPERLY AWARDED TO A NONRESPONSIVE BIDDER, BUT, FOR THE REASONS STATED THEREIN, WE CONCUR WITH YOUR GENERAL COUNSEL'S CONCLUSION THAT THE CONTRACT SHOULD NOT BE CANCELLED. WE WISH TO POINT OUT, HOWEVER, THAT OUR DENIAL OF THIS PROTEST SHOULD NOT BE CONSTRUED AS ENCOURAGING THE MAKING OF AWARDS WITHOUT RESOLICITATION ON AN UNRESTRICTED BASIS IN SITUATIONS WHERE ALL BIDDERS ARE NONRESPONSIVE TO AN INVITATION'S RESTRICTIONS CONCERNING SMALL BUSINESS STATUS. IT HAS BEEN, AND STILL IS, OUR POSITION THAT CONCLUSIONS OR OPINIONS OF PERSONNEL OF A CONTRACTING AGENCY ON THE AVAILABILITY OF QUALIFIED BIDDERS ARE INSUFFICIENT AND ARE QUESTIONABLE SUBSTITUTES FOR RESOLICITATION ON AN UNRESTRICTED BASIS. WE RECOMMEND APPROPRIATE ACTION BE TAKEN TO PRECLUDE RECURRENCE OF SUCH IMPROPER AWARDS.