B-173647, OCT 26, 1971

B-173647: Oct 26, 1971

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THAT THE PROPOSAL SUBMITTED UNDER AN RFP FOR THE PRODUCTION OF MOTION PICTURES WAS NOT ELIGIBLE FOR AWARD. WHERE THE ORIGINAL OFFER WAS SUBMITTED IN THE NAME OF COLMER PRODUCTIONS. MARSHALL AS "EXECUTIVE PRODUCER" OF "PROVISO PRODUCTIONS" WAS ACCOMPANIED BY A LETTER EXPLAINING THAT THE PARTNER HAD WITHDRAWN FROM THE PARTNERSHIP. THE RESULT IS A NEW AND DIFFERENT FIRM (68 CJS. TO PROVISO PRODUCTIONS: REFERENCE IS MADE TO A COPY OF YOUR LETTER DATED JULY 13. WAS NOT ELIGIBLE FOR AWARD. AMENDMENT 000002 WAS ISSUED REQUESTING OFFERORS TO EITHER EXTEND OR REVISE THE OFFERS ORIGINALLY SUBMITTED. IN A LETTER ACCOMPANYING THE AMENDMENT YOU STATED THAT THE NAME AND ADDRESS OF COLMAR PRODUCTIONS WERE CHANGED BECAUSE OF A DIVORCE OF YOUR "FORMER PARTNER" AND "THE SETTLEMENT OF ALL MATTERS IN WHICH HE WAS A PARTICIPANT.".

B-173647, OCT 26, 1971

BID PROTEST - ELIGIBILITY FOR AWARD - LATE PROPOSAL DECISION DENYING PROTEST AGAINST THE DETERMINATION BY THE NAVY REGIONAL PROCUREMENT OFFICE, LOS ANGELES, CALIF., THAT THE PROPOSAL SUBMITTED UNDER AN RFP FOR THE PRODUCTION OF MOTION PICTURES WAS NOT ELIGIBLE FOR AWARD. WHERE THE ORIGINAL OFFER WAS SUBMITTED IN THE NAME OF COLMER PRODUCTIONS, LISTING MR. MARSHALL AS PARTNER, BUT AN AMENDMENT EXECUTED BY MR. MARSHALL AS "EXECUTIVE PRODUCER" OF "PROVISO PRODUCTIONS" WAS ACCOMPANIED BY A LETTER EXPLAINING THAT THE PARTNER HAD WITHDRAWN FROM THE PARTNERSHIP, THE RESULT IS A NEW AND DIFFERENT FIRM (68 CJS; PARTNERSHIP, SEC. 243) PROPERLY DETERMINED TO BE A LATE OFFEROR NOT ELIGIBLE FOR AWARD. SEE 50 COMP. GEN. 346, 352 (1970).

TO PROVISO PRODUCTIONS:

REFERENCE IS MADE TO A COPY OF YOUR LETTER DATED JULY 13, 1971, TO THE CONTRACTING OFFICER, U.S. NAVY REGIONAL PROCUREMENT OFFICE, LOS ANGELES, CALIFORNIA, PROTESTING THE DETERMINATION THAT THE PROPOSAL SUBMITTED BY YOU FOR PROVISO PRODUCTIONS UNDER REQUEST FOR PROPOSALS (RFP) NO. N00123- 71-R-1101, COVERING THE PRODUCTION OF MOTION PICTURES, WAS NOT ELIGIBLE FOR AWARD. YOU HAD ORIGINALLY SUBMITTED AN OFFER UNDER THE RFP SIGNED BY YOURSELF AS OWNER-PARTNER OF COLMAR PRODUCTIONS. IN THE OFFER YOU LISTED THE NAME OF YOUR PARTNER. YOU ALSO EXECUTED AMENDMENT 000001 ON BEHALF OF COLMAR PRODUCTIONS. SUBSEQUENTLY, BECAUSE OF A DELAY IN EVALUATING THE PROPOSALS RECEIVED UNDER THE RFP, AMENDMENT 000002 WAS ISSUED REQUESTING OFFERORS TO EITHER EXTEND OR REVISE THE OFFERS ORIGINALLY SUBMITTED.

YOU EXECUTED AMENDMENT 000002 AS "EXECUTIVE PRODUCER" OF "PROVISO PRODUCTIONS (FORMERLY COLMAR PRODUCTIONS)." IN THE AMENDMENT YOU INCREASED THE HOURLY RATE FOR A FIRST CAMERAMAN. IN A LETTER ACCOMPANYING THE AMENDMENT YOU STATED THAT THE NAME AND ADDRESS OF COLMAR PRODUCTIONS WERE CHANGED BECAUSE OF A DIVORCE OF YOUR "FORMER PARTNER" AND "THE SETTLEMENT OF ALL MATTERS IN WHICH HE WAS A PARTICIPANT."

IN VIEW OF THE WITHDRAWAL OF YOUR PARTNER FROM THE PARTNERSHIP, IT WAS DETERMINED THAT THERE WAS A CHANGE IN THE ENTITY OF THE OFFEROR RATHER THAN SIMPLY A CHANGE IN THE NAME OF THE ENTITY. PROVISO PRODUCTIONS THEREFORE WAS DETERMINED TO BE A LATE OFFEROR NOT ELIGIBLE FOR AWARD.

A VALID AGREEMENT FOR THE CONTINUATION OF A PARTNERSHIP ON THE RESIGNATION OF A PARTNER RESULTS IN A NEW AND DIFFERENT FIRM WHICH IS NOT IDENTICAL WITH THE OLD FIRM. 68 CORPUS JURIS SECUNDUM, PARTNERSHIP SEC 243. FURTHER, WHEN AN AMENDMENT TO A REQUEST FOR PROPOSALS IS ISSUED AFTER THE CLOSING DATE OF OFFERS TO THE OFFERORS WHO SUBMITTED PROPOSALS PRIOR TO THE CLOSING DATE, A PROPOSAL FROM A FIRM THAT DID NOT SUBMIT A PROPOSAL PRIOR TO THE CLOSING DATE IS SUBJECT TO THE PROVISIONS OF THE LATE OFFERS CLAUSE. 50 COMP. GEN. 346, 352 (1970).

IN THE CIRCUMSTANCES, THE DETERMINATION THAT THE PROPOSAL OF PROVISO PRODUCTIONS WAS A LATE PROPOSAL WAS PROPER. ACCORDINGLY, THE PROTEST IS DENIED.