B-175172(2), SEP 28, 1972

B-175172(2): Sep 28, 1972

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IT IS NOTED THAT IT IS THE FUNCTION OF THE CONTRACTING OFFICER TO DETERMINE WHICH WORK WILL BE INCLUDED ON THE LIST OF SUBCONTRACTORS. RUCKELSHAUS: ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST OF HOLT BROTHERS (HOLT) UNDER IFB 72-9. THIS PROTEST WAS THE SUBJECT OF REPORTS TO THIS OFFICE DATED MARCH 28 AND JUNE 30. YOUR ATTENTION IS INVITED TO THAT PORTION OF OUR DECISION (CITING 50 COMP. GEN. 839 (1971)) WHERE WE STATED THAT THE DETERMINATION AS TO WHICH WORK SHOULD BE LISTED ON A LIST OF SUBCONTRACTORS IS A FUNCTION OF THE CONTRACTING OFFICIALS AND MAY NOT BE REQUIRED OF A BIDDER. IS SUBJECT TO THE LISTING REQUIREMENTS. THE FILE FORWARDED WITH THE REPORT TO OUR OFFICE ON MARCH 28 IS RETURNED.

B-175172(2), SEP 28, 1972

BID PROTEST - LIST OF SUBCONTRACTORS - WORK SPECIFICATIONS CONCERNING THE PROTEST OF HOLT BROTHERS AGAINST REJECTION OF ITS BID UNDER AN IFB ISSUED BY THE ENVIRONMENTAL PROTECTION AGENCY FOR THE CONSTRUCTION OF AN EMERGENCY GENERATOR SYSTEM AT THE SOUTHEAST WATER LABORATORY, ATHENS, GA. ALTHOUGH THIS PROTEST HAS BEEN DENIED, IT IS NOTED THAT IT IS THE FUNCTION OF THE CONTRACTING OFFICER TO DETERMINE WHICH WORK WILL BE INCLUDED ON THE LIST OF SUBCONTRACTORS, NOT THE CONTRACTOR.

TO MR. WILLIAM D. RUCKELSHAUS:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST OF HOLT BROTHERS (HOLT) UNDER IFB 72-9, ISSUED BY THE ENVIRONMENTAL PROTECTION AGENCY. THIS PROTEST WAS THE SUBJECT OF REPORTS TO THIS OFFICE DATED MARCH 28 AND JUNE 30, 1972, FROM YOUR ASSISTANT ADMINISTRATOR FOR PLANNING AND MANAGEMENT AND THE DIRECTOR, CONTRACTS MANAGEMENT DIVISION, RESPECTIVELY.

ALTHOUGH WE DENIED THE PROTEST, YOUR ATTENTION IS INVITED TO THAT PORTION OF OUR DECISION (CITING 50 COMP. GEN. 839 (1971)) WHERE WE STATED THAT THE DETERMINATION AS TO WHICH WORK SHOULD BE LISTED ON A LIST OF SUBCONTRACTORS IS A FUNCTION OF THE CONTRACTING OFFICIALS AND MAY NOT BE REQUIRED OF A BIDDER. WE RECOMMEND THAT IN FUTURE PROCUREMENTS CONTAINING A LIST OF SUBCONTRACTORS WHERE A LISTED WORK CATEGORY CORRESPONDS TO A SECTION OF THE SPECIFICATION THAT IT BE CLEARLY INDICATED WHETHER ALL WORK COVERED BY THE SPECIFICATION, OR ONLY A CERTAIN PORTION THEREOF, IS SUBJECT TO THE LISTING REQUIREMENTS.

THE FILE FORWARDED WITH THE REPORT TO OUR OFFICE ON MARCH 28 IS RETURNED.