B-174212(2), JAN 28, 1972

B-174212(2): Jan 28, 1972

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IT IS RECOMMENDED THAT IN FUTURE PROCUREMENTS CLOSER ATTENTION BE PAID TO WORKING TIME CALCULATIONS IN SIZE PROTESTS. SECRETARY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY. ALTHOUGH WE HAVE DENIED THE PROTEST. WE RECOMMEND THAT ACTION BE TAKEN TO INSURE THAT THE APPROPRIATE SIZE STANDARD IS INCLUDED IN THE SCHEDULES FOR TOTAL SMALL BUSINESS SET-ASIDES IN THE FUTURE. YOU WILL ALSO NOTE THAT WE HAVE QUESTIONED. THE DETERMINATION OF THE CONTRACTING OFFICER THAT AN EXTENSION OF THE PRIOR CONTRACT PENDING RESOLUTION OF THE SIZE PROTEST WAS PRECLUDED BY THE "ALL OR NONE" PROVISION OF THE IFB. THE PROTEST WAS THE SUBJECT OF A REPORT DATED NOVEMBER 29. THE FILE FORWARDED WITH THAT REPORT IS RETURNED.

B-174212(2), JAN 28, 1972

LETTER REPORT CONCERNING DECISION DENYING THE PROTEST OF ARIZONA HELICOPTERS, INC., AGAINST AN AWARD TO PETROLEUM HELICOPTERS, INC., UNDER AN IFB ISSUED BY THE U.S. GEOLOGICAL SURVEY AS A TOTAL SMALL BUSINESS SET-ASIDE. ALTHOUGH THE PROTEST HAS BEEN DENIED, IT IS RECOMMENDED THAT IN FUTURE PROCUREMENTS CLOSER ATTENTION BE PAID TO WORKING TIME CALCULATIONS IN SIZE PROTESTS, AND TO THE PUBLICATION OF THE SMALL BUSINESS SIZE STANDARDS.

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY, DENYING THE PROTEST OF ARIZONA HELICOPTERS, INC., AGAINST AN AWARD TO PETROLEUM HELICOPTERS, INC., UNDER INVITATION FOR BIDS (IFB) NO. 4843, ISSUED BY THE U.S. GEOLOGICAL SURVEY, WASHINGTON, D.C., AS A TOTAL SMALL BUSINESS SET ASIDE.

ALTHOUGH WE HAVE DENIED THE PROTEST, IT SHOULD BE NOTED THAT THE IFB DID NOT LIST THE SMALL BUSINESS SIZE STANDARD FOR THE REQUIREMENT IN ACCORDANCE WITH FPR 1-1.706-5(C). ACCORDINGLY, WE RECOMMEND THAT ACTION BE TAKEN TO INSURE THAT THE APPROPRIATE SIZE STANDARD IS INCLUDED IN THE SCHEDULES FOR TOTAL SMALL BUSINESS SET-ASIDES IN THE FUTURE.

ADDITIONALLY, THE RECORD INDICATES THAT THE CONTRACTING OFFICER MADE THE AWARD BEFORE ALLOWING THE SMALL BUSINESS ADMINISTRATION (SBA) 10 WORKING DAYS TO RESOLVE PETROLEUM'S SIZE STATUS AS CONTEMPLATED BY FPR 1-1.703- 2(E). WE CONSIDERED THIS ACTION A TECHNICAL VIOLATION OF THE REQUIREMENT SINCE SBA'S DECISION DID NOT ISSUE UNTIL JULY 6, 1971, AND THE CONTRACTING OFFICER HAD ASCERTAINED THAT IT WOULD NOT ISSUE WITHIN THE 10-DAY PERIOD. NEVERTHELESS, IN OTHER CIRCUMSTANCES A VIOLATION OF THE REQUIREMENT COULD BE OF MATERIAL IMPORTANCE, AND THEREFORE, WE RECOMMEND THAT CLOSER ATTENTION BE PAID TO WORKING TIME CALCULATIONS IN SIZE PROTESTS IN FUTURE PROCUREMENTS.

YOU WILL ALSO NOTE THAT WE HAVE QUESTIONED, FOR THE REASONS STATED, THE DETERMINATION OF THE CONTRACTING OFFICER THAT AN EXTENSION OF THE PRIOR CONTRACT PENDING RESOLUTION OF THE SIZE PROTEST WAS PRECLUDED BY THE "ALL OR NONE" PROVISION OF THE IFB.

THE PROTEST WAS THE SUBJECT OF A REPORT DATED NOVEMBER 29, 1971, FROM YOUR OFFICE. THE FILE FORWARDED WITH THAT REPORT IS RETURNED.