B-188961, JUNE 22, 1977
Highlights
REQUEST THAT GAO RENDER DECISION AS TO WHETHER FUTURE PROCUREMENT SHOULD BE SMALL BUSINESS SET-ASIDE IS PREMATURE PROTEST AND WILL NOT BE CONSIDERED ON MERITS. INC.: THIS IS A PROTEST BY FRANKLIN SOLID WASTE SERVICE. AS A SMALL BUSINESS SET-ASIDE WAS CANCELLED AFTER OPENING WHEN IT WAS DETERMINED THAT WASTE AWAY. WAS A LARGE BUSINESS. FRANKLIN WAS INFORMED BY LETTER DATED APRIL 19. WE HAVE BEEN ADVISED BY THE DEPARTMENT OF THE ARMY THAT A NEW INVITATION HAS NOT BEEN ISSUED. WE ARE UNAWARE OF ANY JURISDICTIONAL BASIS FOR OUR OFFICE TO PROCEED WITH A DECISION IN THIS MATTER. FRANKLIN'S PROTEST IS PREMATURE IN THAT IT IS AGAINST THE ANTICIPATED ISSUANCE OF A SOLICITATION THAT IS NOT A SMALL BUSINESS SET-ASIDE.
B-188961, JUNE 22, 1977
REQUEST THAT GAO RENDER DECISION AS TO WHETHER FUTURE PROCUREMENT SHOULD BE SMALL BUSINESS SET-ASIDE IS PREMATURE PROTEST AND WILL NOT BE CONSIDERED ON MERITS. PROPER TIME TO PROTEST WOULD BE AFTER ISSUANCE OF SOLICITATION BUT PRIOR TO TIME OF BID OPENING OR CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS.
FRANKLIN SOLID WASTE SERVICE, INC.:
THIS IS A PROTEST BY FRANKLIN SOLID WASTE SERVICE, INC. (FRANKLIN), AGAINST THE PROSPECTIVE FAILURE TO INCLUDE A SMALL BUSINESS SET-ASIDE CLAUSE IN A SOLICITATION TO BE ISSUED BY THE UNITED STATES PROPERTY AND FISCAL OFFICE, MONTGOMERY, ALABAMA, FOR REFUSE REMOVAL SERVICES.
THE RECORD REVEALS THAT INVITATION FOR BIDS NO. DAHA01-76-B-0034, ISSUED SEPTEMBER 3, 1976, AS A SMALL BUSINESS SET-ASIDE WAS CANCELLED AFTER OPENING WHEN IT WAS DETERMINED THAT WASTE AWAY, INC. (THE OTHER BIDDER BESIDES FRANKLIN), WAS A LARGE BUSINESS. FRANKLIN WAS INFORMED BY LETTER DATED APRIL 19, 1976, THAT THE SERVICES WOULD BE READVERTISED AT A LATER DATE WITHOUT THE SMALL BUSINESS SET-ASIDE RESTRICTION. WE HAVE BEEN ADVISED BY THE DEPARTMENT OF THE ARMY THAT A NEW INVITATION HAS NOT BEEN ISSUED.
WE ARE UNAWARE OF ANY JURISDICTIONAL BASIS FOR OUR OFFICE TO PROCEED WITH A DECISION IN THIS MATTER. FRANKLIN'S PROTEST IS PREMATURE IN THAT IT IS AGAINST THE ANTICIPATED ISSUANCE OF A SOLICITATION THAT IS NOT A SMALL BUSINESS SET-ASIDE. THE PROPER TIME TO FILE A PROTEST WOULD BE AFTER ISSUANCE OF ANY SOLICITATION AND PRIOR TO THE BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. SEE SECTION 20.2 OF OUR BID PROTEST PROCEDURES (4 C.F.R. 20.2 (1976)).
IN VIEW OF THE FOREGOING, WE ARE CLOSING OUR FILE IN THIS MATTER WITHOUT FURTHER ACTION.