B-173629, NOV 30, 1971

B-173629: Nov 30, 1971

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PROCUREMENT REGULATIONS PROVIDE THAT A SIZE PROTEST WILL BE CONSIDERED TIMELY ONLY IF SUBMITTED TO THE CONTRACTING OFFICER WITHIN FIVE WORKING DAYS AFTER BID OPENING. ANY SIZE PROTESTS THAT ARE NOT TIMELY MAY NOT BE CONSIDERED BUT SHOULD BE FORWARDED TO THE SMALL BUSINESS ADMINISTRATION FOR CONSIDERATION IN ANY FUTURE PROCUREMENTS. SINCE THIS PROTEST WAS NOT FILED UNTIL 70 DAYS AFTER BID OPENING. THE PROTEST IS DENIED. TEXTILE CERTIFIED IN ITS BID THAT IT WAS A SMALL BUSINESS CONCERN AND AWARD WAS MADE TO IT ON JULY 6. YOU CONTEND THAT THE AWARD SHOULD NOT HAVE BEEN MADE BECAUSE TEXTILE WAS ACQUIRED BY THE ROSPATCH CORPORATION ON JANUARY 1. A CONTRACTING OFFICER IS REQUIRED TO ACCEPT A CERTIFICATION BY A BIDDER THAT IT IS A SMALL BUSINESS CONCERN UNLESS A WRITTEN PROTEST IS RECEIVED FROM ANOTHER BIDDER CONCERNING THE SIZE STATUS OR THE CONTRACTING OFFICER QUESTIONS THE STATUS AND SUBMITS THE MATTER TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR DETERMINATION.

B-173629, NOV 30, 1971

BID PROTEST - SIZE DETERMINATION - UNTIMELY PROTEST DENIAL OF PROTEST AGAINST THE AWARD OF A CONTRACT TO TEXTILE MARKING MACHINE COMPANY, INC., UNDER AN IFB ISSUED AS A TOTAL SMALL BUSINESS SET- ASIDE BY THE DEFENSE GENERAL SUPPLY CENTER. PROCUREMENT REGULATIONS PROVIDE THAT A SIZE PROTEST WILL BE CONSIDERED TIMELY ONLY IF SUBMITTED TO THE CONTRACTING OFFICER WITHIN FIVE WORKING DAYS AFTER BID OPENING, AND ANY SIZE PROTESTS THAT ARE NOT TIMELY MAY NOT BE CONSIDERED BUT SHOULD BE FORWARDED TO THE SMALL BUSINESS ADMINISTRATION FOR CONSIDERATION IN ANY FUTURE PROCUREMENTS. SINCE THIS PROTEST WAS NOT FILED UNTIL 70 DAYS AFTER BID OPENING, AND SINCE THE CONTRACTING OFFICER COMPLIED WITH THE APPLICABLE REGULATIONS, THE PROTEST IS DENIED.

TO PINNACLE PRODUCTS CORPORATION:

WE REFER TO YOUR LETTER OF AUGUST 10, 1971, PROTESTING AGAINST THE AWARD OF A CONTRACT TO TEXTILE MARKING MACHINE COMPANY, INC., UNDER INVITATION FOR BIDS (IFB) NO. DSA400-71-B-6044, A TOTAL SMALL BUSINESS SET-ASIDE, ISSUED BY THE DEFENSE GENERAL SUPPLY CENTER, DEFENSE SUPPLY AGENCY.

TEXTILE CERTIFIED IN ITS BID THAT IT WAS A SMALL BUSINESS CONCERN AND AWARD WAS MADE TO IT ON JULY 6, 1971, AS THE LOWEST RESPONSIVE BIDDER. HOWEVER, YOU CONTEND THAT THE AWARD SHOULD NOT HAVE BEEN MADE BECAUSE TEXTILE WAS ACQUIRED BY THE ROSPATCH CORPORATION ON JANUARY 1, 1971, AND THE LATTER CORPORATION, TOGETHER WITH ITS WHOLLY OWNED SUBSIDIARIES, EXCEEDS THE SMALL BUSINESS SIZE STANDARD OF 500 EMPLOYEES.

UNDER ASPR 1-703, A CONTRACTING OFFICER IS REQUIRED TO ACCEPT A CERTIFICATION BY A BIDDER THAT IT IS A SMALL BUSINESS CONCERN UNLESS A WRITTEN PROTEST IS RECEIVED FROM ANOTHER BIDDER CONCERNING THE SIZE STATUS OR THE CONTRACTING OFFICER QUESTIONS THE STATUS AND SUBMITS THE MATTER TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR DETERMINATION. THE REGULATIONS ALSO PROVIDE THAT A SIZE PROTEST WILL BE CONSIDERED TIMELY ONLY IF IT IS SUBMITTED TO THE CONTRACTING OFFICER WITHIN FIVE WORKING DAYS AFTER OPENING OF BIDS. WHERE A SIZE PROTEST IS NOT TIMELY OR IS RECEIVED AFTER AWARD, THE REGULATIONS PROVIDE THAT THE PROTESTING BIDDER IS TO BE INFORMED THAT THE PROTEST CANNOT BE CONSIDERED, BUT THAT IT HAS BEEN SENT TO SBA FOR CONSIDERATION IN ANY FUTURE PROCUREMENTS.

IN THIS CASE, YOU DID NOT PROTEST AGAINST TEXTILE'S SIZE STATUS UNTIL 70 DAYS AFTER BID OPENING AND 35 DAYS AFTER AWARD. UPON RECEIPT OF SUCH PROTEST, THE CONTRACTING OFFICER SENT IT TO SBA FOR CONSIDERATION IN FUTURE PROCUREMENTS AND NOTIFIED YOU OF THE REFERRAL.

THE PROTEST AGAINST THE SIZE STATUS WAS NOT TIMELY AND THE AWARD APPEARS TO HAVE BEEN IN ACCORDANCE WITH APPLICABLE REGULATIONS PERTAINING TO SMALL BUSINESS SIZE STATUS. ACCORDINGLY, THE PROTEST IS DENIED IN THE CIRCUMSTANCES.

Nov 14, 2018

Nov 9, 2018

Nov 8, 2018

Nov 7, 2018

  • CDO Technologies, Inc.
    We dismiss the protest because it is untimely where it was filed more than 10 days after CDO knew or reasonably should have known the bases for its protest.
    B-416989
  • Protection Strategies, Inc.
    We deny the protest.
    B-416635

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