B-221509, JAN 13, 1986, 86-1 CPD 33

B-221509: Jan 13, 1986

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BIDDERS - DEBARMENT - SUBMISSION OF BIDS DIGEST: FIRM PROPOSED FOR DEBARMENT FROM GOVERNMENT CONTRACTING IS GENERALLY PRECLUDED FROM RECEIVING GOVERNMENT CONTRACTS PENDING DEBARMENT DECISION. SO CONTRACTING AGENCY'S REJECTION OF A LOW BID FROM A FIRM IN THESE CIRCUMSTANCES IS PROPER. THE PROTESTER CONTENDS THAT ALTHOUGH THE FIRM IS BEING CONSIDERED FOR DEBARMENT. ITS BID WAS IMPROPERLY REJECTED BECAUSE NO ACTUAL DEBARMENT HAD OCCURRED. WHICH INDICATES THAT DEBARMENT PROCEEDINGS HAVE BEEN INITIATED PURSUANT TO THE FEDERAL ACQUISITION REGULATION (FAR). IS PRECLUDED FROM RECEIVING.

B-221509, JAN 13, 1986, 86-1 CPD 33

BIDDERS - DEBARMENT - SUBMISSION OF BIDS DIGEST: FIRM PROPOSED FOR DEBARMENT FROM GOVERNMENT CONTRACTING IS GENERALLY PRECLUDED FROM RECEIVING GOVERNMENT CONTRACTS PENDING DEBARMENT DECISION, SO CONTRACTING AGENCY'S REJECTION OF A LOW BID FROM A FIRM IN THESE CIRCUMSTANCES IS PROPER.

POST N.A.P.A. PARTS, INC.:

POST N.A.P.A. PARTS, INC. PROTESTS THE REJECTION OF ITS LOW BID FOR A CONTRACTOR OPERATED PARTS STORE (COPARS) AT FORT RUCKER, ALABAMA, UNDER SOLICITATION NO. DABT01-86-B-1000. THE PROTESTER CONTENDS THAT ALTHOUGH THE FIRM IS BEING CONSIDERED FOR DEBARMENT, ITS BID WAS IMPROPERLY REJECTED BECAUSE NO ACTUAL DEBARMENT HAD OCCURRED.

IN ITS SUBMISSION TO OUR OFFICE, THE PROTESTER INCLUDES A LETTER DATED NOVEMBER 15, 1985 FROM THE OFFICE OF THE JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE ARMY, WHICH INDICATES THAT DEBARMENT PROCEEDINGS HAVE BEEN INITIATED PURSUANT TO THE FEDERAL ACQUISITION REGULATION (FAR), 48 C.F.R. SEC. 9.406 (1984), BECAUSE OF THE PROTESTER'S ALLEGED INTENTIONAL FAILURE TO PASS ON CERTAIN DISCOUNTS TO THE GOVERNMENT. UNDER THE FAR, A FIRM THAT HAS BEEN PROPOSED FOR DEBARMENT GENERALLY MAY NOT BE SOLICITED FOR-- AND IS PRECLUDED FROM RECEIVING-- GOVERNMENT CONTRACTS PENDING A DEBARMENT DECISION. SEE FAR, 48 C.F.R. SEC. 9.406 3(C)(7); DEPARTMENT OF DEFENSE FAR SUPPLEMENT, 48 C.F.R. SEC. 209.406 1 (1984); IKARD MFG. CO., B-213017, JULY 23, 1984, 84-2 CPD PARA. 80.

WE THEREFORE FIND THAT THE ARMY PROPERLY REJECTED THE PROTESTER'S LOW BID, SEE TITAN CONSTRUCTION CO., B-220691 ET AL., OCT. 15, 1985, 85-2 CPD PARA. 412, AND WE DISMISS THE PROTEST.