B-174816(3), MAR 2, 1972

B-174816(3): Mar 2, 1972

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IN FUTURE PROCUREMENTS IT IS RECOMMENDED THAT ACTION BE TAKEN TO PROTEST AGAINST PROLONGED DELAY IN RESOLVING THE AFFIRMATIVE ACTION COMPLIANCE STATUS OF CONTRACTOR-BIDDERS. IT IS FURTHER SUGGESTED THAT DURING THE "SHOW CAUSE" PERIOD. CONTRACTORS SHOULD BE SPECIFICALLY ADVISED THAT THEY CAN BE FOUND NONRESPONSIBLE UNTIL THE MATTER IS FAVORABLY RESOLVED. WILKS: ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE ADMINISTRATOR OF GENERAL SERVICES ADMINISTRATION (GSA) RELATIVE TO A PROTEST BY ALTON BOX BOARD COMPANY. WE HAVE ALSO ENCLOSED A COPY OF THE DECISION TO THE PROTESTOR REFERRED TO THEREIN. WE BRING THIS MATTER TO YOUR ATTENTION BECAUSE IT FOCUSES ON TWO POTENTIAL PROBLEM AREAS WHICH COULD HAVE A DETRIMENTAL EFFECT ON GOVERNMENT PROCUREMENT PROCESSES.

B-174816(3), MAR 2, 1972

BID PROTEST - NONRESPONSIBILITY - AFFIRMATIVE ACTION PLANS - DUE PROCESS CONCERNING THE DENIAL OF A PROTEST OF THE ALTON BOX BOARD COMPANY AGAINST REJECTION OF ITS BID UNDER A GSA SOLICITATION. IN FUTURE PROCUREMENTS IT IS RECOMMENDED THAT ACTION BE TAKEN TO PROTEST AGAINST PROLONGED DELAY IN RESOLVING THE AFFIRMATIVE ACTION COMPLIANCE STATUS OF CONTRACTOR-BIDDERS. IT IS FURTHER SUGGESTED THAT DURING THE "SHOW CAUSE" PERIOD, PURSUANT TO 41 CFR 60-2.2(C), CONTRACTORS SHOULD BE SPECIFICALLY ADVISED THAT THEY CAN BE FOUND NONRESPONSIBLE UNTIL THE MATTER IS FAVORABLY RESOLVED.

TO MR. JOHN L. WILKS:

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE ADMINISTRATOR OF GENERAL SERVICES ADMINISTRATION (GSA) RELATIVE TO A PROTEST BY ALTON BOX BOARD COMPANY, ALTON, ILLINOIS, AGAINST THE REJECTION OF ITS BID UNDER A GSA SOLICITATION. WE HAVE ALSO ENCLOSED A COPY OF THE DECISION TO THE PROTESTOR REFERRED TO THEREIN.

WE BRING THIS MATTER TO YOUR ATTENTION BECAUSE IT FOCUSES ON TWO POTENTIAL PROBLEM AREAS WHICH COULD HAVE A DETRIMENTAL EFFECT ON GOVERNMENT PROCUREMENT PROCESSES. SPECIFICALLY, IN THE CASE AT HAND GSA TOOK NO DECISIVE ACTION TO BRING THE MATTER OF ALTON'S COMPLIANCE STATUS TO A PROMPT FINAL RESOLUTION AS CONTEMPLATED BY 41 CFR 60 2.2(C). TO THE CONTRARY, NEARLY THREE MONTHS TRANSPIRED BETWEEN THE DATE OF ALTON'S FINAL COMMUNICATION WITH GSA AND THE DATE OF AWARD TO A HIGHER BIDDER. IT IS SUGGESTED, THEREFORE, THAT ACTION BE TAKEN TO PROTECT AGAINST PROLONGED DELAY, SUCH AS OCCURRED IN THIS CASE, IN FINALLY RESOLVING THE AFFIRMATIVE ACTION COMPLIANCE STATUS OF CONTRACTOR-BIDDERS. SEE 43 COMP. GEN. 140 (1963) AND B-150791 AND B 150861, APRIL 25, 1963, COPIES ENCLOSED.

YOUR ATTENTION IS ALSO INVITED TO THAT PART OF OUR DECISION WHICH INDICATES THAT, AT THE TIME A "SHOW CAUSE" ORDER IS ISSUED PURSUANT TO 41 CFR 60-2.2(C), CONTRACTORS ALSO SHOULD BE SPECIFICALLY ADVISED THAT THEY CAN BE FOUND NONRESPONSIBLE UNTIL THE MATTER IS FAVORABLY RESOLVED. RECOMMEND SUCH ACTION AS MAY BE NECESSARY TO ASSURE THAT SUCH NOTICE IS FURNISHED CONTRACTORS IN FUTURE CASES.

WE WOULD APPRECIATE BEING ADVISED OF ANY ACTION YOU MAY TAKE REGARDING THE ABOVE RECOMMENDATIONS.