B-181717, OCT 8, 1974

B-181717: Oct 8, 1974

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BID RECEIVED ON A TOTAL SMALL BUSINESS SET-ASIDE SOLICITATION WHICH FAILED TO INDICATE WHETHER BIDDER WOULD FURNISH PRODUCTS MANUFACTURED OR PRODUCED BY SMALL BUSINESS WAS PROPERLY REJECTED AS NONRESPONSIVE. THE BIDS RECEIVED WERE OPENED. INC.'S LOW TELEGRAPHIC BID WAS REJECTED AS NONRESPONSIVE SINCE IT CONTAINED NO REPRESENTATION THAT THE FIRM WAS A SMALL BUSINESS CONCERN AND WOULD FURNISH SUPPLIES MANUFACTURED BY A SMALL BUSINESS. THE PROTESTER CONTENDS THAT DCSC SHOULD HAVE MADE AWARD TO MIL-PAC BASED ON ITS BID WHICH WAS SOME $11. DCS'S POSITION IS THAT AT THE TIME OF BID OPENING MIL-PAC'S NONRESPONSIVE BID COULD NOT BE CONSIDERED. THE CONTRACTING OFFICER DETERMINED THAT THE LOW RESPONSIVE BID WAS FAIR AND REASONABLE ON THE BASIS OF THE COMPETITION AND THE PRICES PAID FOR RECENT PURCHASES.

B-181717, OCT 8, 1974

BID RECEIVED ON A TOTAL SMALL BUSINESS SET-ASIDE SOLICITATION WHICH FAILED TO INDICATE WHETHER BIDDER WOULD FURNISH PRODUCTS MANUFACTURED OR PRODUCED BY SMALL BUSINESS WAS PROPERLY REJECTED AS NONRESPONSIVE.

MIL-PAC, INC.:

THE DEFENSE CONSTRUCTION SUPPLY CENTER (DCSC) ISSUED INVITATION FOR BIDS (IFB) NO. DSA700-74-B-3413, REQUESTING BIDS FOR 35,500 ARM ASSEMBLIES IN ACCORDANCE WITH MILITARY SPECIFICATIONS. PURSUANT TO ARMED SERVICES PROCUREMENT REGULATION (ASPR) 1-706.5(C) THE IFB CONTAINED A RESTRICTIVE NOTICE OF A TOTAL SMALL BUSINESS SET-ASIDE.

ON MAY 28, 1974, THE BIDS RECEIVED WERE OPENED. MIL-PAC, INC.'S LOW TELEGRAPHIC BID WAS REJECTED AS NONRESPONSIVE SINCE IT CONTAINED NO REPRESENTATION THAT THE FIRM WAS A SMALL BUSINESS CONCERN AND WOULD FURNISH SUPPLIES MANUFACTURED BY A SMALL BUSINESS, IN ACCORDANCE WITH THE SOLICITATION INSTRUCTIONS REGARDING TELEGRAPHIC BIDS.

THE PROTESTER CONTENDS THAT DCSC SHOULD HAVE MADE AWARD TO MIL-PAC BASED ON ITS BID WHICH WAS SOME $11,000 LESS THAN THE AWARD PRICE. DCS'S POSITION IS THAT AT THE TIME OF BID OPENING MIL-PAC'S NONRESPONSIVE BID COULD NOT BE CONSIDERED, NOTWITHSTANDING RECEIPT AFTER BID OPENING OF REPRESENTATIONS THAT MIL-PAC WOULD COMPLY WITH THE SMALL BUSINESS RESTRICTIONS OF THE IFB. WE MUST AGREE WITH DCSC'S POSITION IN THIS MATTER.

IT CONSISTENTLY HAS BEEN HELD BY THIS OFFICE THAT A BID ON A TOTAL SMALL BUSINESS SET-ASIDE WHICH FAILS TO INDICATE THE INTENTION OF THE BIDDER TO FURNISH PRODUCTS MANUFACTURED OR PRODUCED BY SMALL BUSINESS CONCERNS MUST BE REJECTED AS NONRESPONSIVE. SEE MATTER OF AMERICAN AMPLIFIER AND TELEVISION CORPORATION, 53 COMP. GEN. 463, 465 (1974), AND DECISIONS CITED THEREIN.

IN ADDITION, THE CONTRACTING OFFICER DETERMINED THAT THE LOW RESPONSIVE BID WAS FAIR AND REASONABLE ON THE BASIS OF THE COMPETITION AND THE PRICES PAID FOR RECENT PURCHASES. THE PROTESTER HAS OFFERED NO BASIS OF THE COMPETITION AND THE PRICES PAID FOR RECENT PURCHASES. THE PROTESTER HAS OFFERED NO BASIS FOR THIS OFFICE TO QUESTION THE PROPRIETY OF THE AWARD BASED UPON THE HIGHER PRICED RESPONSIVE BIDS RECEIVED.

ACCORDINGLY, THE PROTEST IS DENIED.