B-181167, AUG 16, 1974

B-181167: Aug 16, 1974

Additional Materials:

Contact:

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

 

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

SINCE TIME LIMITS IN SECTION 20.2 OF GAO'S INTERIM BID PROTEST PROCEDURES AND STANDARDS REQUIRING THAT PROTESTS BE FILED WITHIN 5 DAYS OF DATE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN ARE INTENDED TO PROVIDE AN EFFECTIVE AND EQUITABLE PROCESSING PROCEDURE. PROTEST FILED 8 MONTHS AFTER THE BASIS OF PROTEST WAS KNOWN OR SHOULD HAVE BEEN KNOWN IS UNTIMELY AND MAY NOT BE CONSIDERED ON ITS MERITS. 2. BIDS WERE OPENED ON JULY 3. WERE NOTIFIED THAT THE IFB HAD BEEN CANCELED BECAUSE THE REQUIREMENTS COULD BE SATISFIED BY A DEPARTMENT OF TRANSPORTATION (DOT) CONTRACT FOR THE SAME SERVICES. WE HAVE BEEN INFORMED THAT THE PERIOD OF THE CONTRACT AWARDED BY DOT TO SBA WAS FROM JULY 1. A NEW 8(A) CONTRACT WAS AWARDED TO SBA AND THE 8(A) CONTRACTOR WHICH WAS AWARDED THE SUBCONTRACT THEREUNDER WAS NOT GREENWOOD.

B-181167, AUG 16, 1974

1. SINCE TIME LIMITS IN SECTION 20.2 OF GAO'S INTERIM BID PROTEST PROCEDURES AND STANDARDS REQUIRING THAT PROTESTS BE FILED WITHIN 5 DAYS OF DATE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN ARE INTENDED TO PROVIDE AN EFFECTIVE AND EQUITABLE PROCESSING PROCEDURE, PROTEST FILED 8 MONTHS AFTER THE BASIS OF PROTEST WAS KNOWN OR SHOULD HAVE BEEN KNOWN IS UNTIMELY AND MAY NOT BE CONSIDERED ON ITS MERITS. 2. MATTERS CONCERNING ADMINISTRATION OF, AND ELIGIBILITY FOR, 8(A) PROGRAM AS COGNIZABLE BY SBA AND INQUIRIES MUST BE ADDRESSED TO SBA.

CITY MOVING & STORAGE CO., INC.:

THE FEDERAL AVIATION ADMINISTRATION (FAA) COMPETITIVELY ADVERTISED ITS FISCAL YEAR 1974 REQUIREMENTS FOR FURNITURE AND EQUIPMENT MOVING SERVICES. BIDS WERE OPENED ON JULY 3, 1973. BY LETTER DATED AUGUST 1, 1973, ALL BIDDERS, INCLUDING CITY MOVING & STORAGE CO., INC. (CITY), WERE NOTIFIED THAT THE IFB HAD BEEN CANCELED BECAUSE THE REQUIREMENTS COULD BE SATISFIED BY A DEPARTMENT OF TRANSPORTATION (DOT) CONTRACT FOR THE SAME SERVICES. DOT CONTRACTED FOR THESE REQUIREMENTS WITH THE SMALL BUSINESS ADMINISTRATION (SBA) PURSUANT TO SECTION 8(A) OF THE SMALL BUSINESS ACT INVOLVING FIRMS OWNED BY DISADVANTAGED MINORITIES. SBA SUBCONTRACTED WITH GREENWOOD TRANSFER & STORAGE CO., INC. (GREENWOOD), TO PROVIDE THE REQUIRED SERVICES.

BY LETTER DATED MAY 1, 1974, CITY PROTESTED THE AWARD OF THE SUBCONTRACT TO GREENWOOD. CITY STATES THAT GREENWOOD HAS RECEIVED OTHER AWARDS FROM SBA SO THAT IT NOW HOLDS SECTION 8(A) CONTRACTS FOR A MAJORITY OF THE MOVING CONTRACTS FOR GOVERNMENT AGENCIES. CITY NOTES THAT GREENWOOD ALSO HELD THE PREVIOUS DOT CONTRACT AND REQUESTS THAT DOT'S MOVING REQUIREMENTS BE COMPETITIVELY ADVERTISED SO THAT ALL SMALL BUSINESSES MAY COMPETE.

OUR OFFICE HAS BEEN INFORMED BY DOT THAT THE CONTRACT AWARDED BY FAA TO GREENWOOD EXPRIRED ON JUNE 30, 1973, AND ON JULY 1, 1973, FAA ISSUED A SMALL PURCHASE ORDER TO GREENWOOD. THIS WORK ORDER EXPIRED ON JULY 24, 1973. IN ADDITION, WE HAVE BEEN INFORMED THAT THE PERIOD OF THE CONTRACT AWARDED BY DOT TO SBA WAS FROM JULY 1, 1973, THROUGH JUNE 30, 1974. APPROXIMATELY JULY 1, 1974, A NEW 8(A) CONTRACT WAS AWARDED TO SBA AND THE 8(A) CONTRACTOR WHICH WAS AWARDED THE SUBCONTRACT THEREUNDER WAS NOT GREENWOOD. FURTHERMORE, WE HAVE BEEN ADVISED THAT CITY HAS NOT APPLIED FOR PARTICIPATION IN THE 8(A) PROGRAM.

SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS PROVIDES THAT "*** BID PROTESTS SHALL BE FILED NOT LATER THAN 5 WORKING DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. ***" THE IMPOSITION OF TIME LIMITS ON THE FILING OF PROTESTS IS INTENDED TO ENABLE OUR OFFICE TO EFFECT A MEANINGFUL AND EQUITABLE REMEDY AS THE CASE MAY REQUIRE.

ALTHOUGH THE BASIS OF CITY'S PROTEST WAS KNOWN IN AUGUST 1973, CITY'S PROTEST WAS NOT FILED UNTIL APPROXIMATELY 8 MONTHS LATER. UNDER THE CIRCUMSTANCES, CITY'S PROTEST WAS UNTIMELY FILED AND MAY NOT BE CONSIDERED ON ITS MERITS.

WE WOULD LIKE TO POINT OUT, HOWEVER, THAT ANY QUESTIONS CONCERNING THE ADMINISTRATION OF 8(A) PROGRAM AND THE CRITERIA FOR ELIGIBILITY THEREUNDER SHOULD BE ADDRESSED TO SBA.