B-160133, FEB. 21, 1967

B-160133: Feb 21, 1967

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TO THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO LETTER OF DECEMBER 30. ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO TOMASELLO CAMPBELL AND DUNLAP. WHILE NO QUESTION WAS PRESENTED CONCERNING THE FAILURE TO REFER THE MATTER OF THE PROTESTING BIDDER'S COMPETENCY TO THE SMALL BUSINESS ADMINISTRATION. WE QUESTION THE ADEQUACY UNDER ASPR 1-705.4 (C) (V) AND (VI) OF THE CONTRACTING OFFICER'S "DETERMINATION" THAT THE UNSATISFACTORY FACTORS IN THE PRE-AWARD SURVEY REPORT "ARE GREATER THAN COULD BE SET ASIDE" BY A SMALL BUSINESS ADMINISTRATION CERTIFICATE OF COMPETENCY.

B-160133, FEB. 21, 1967

TO THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO LETTER OF DECEMBER 30, 1966, FROM THE CHIEF, PROCUREMENT OPERATIONS DIVISION, DIRECTORATE, PROCUREMENT POLICY, DCS/S AND L, REPORTING ON THE PROTEST OF WINDER AIRCRAFT CORPORATION OF FLORIDA UNDER INVITATION FOR BIDS NO. 04-606-66-178, ISSUED BY SACRAMENTO AIR MATERIEL AREA, MCCLELLAN AIR FORCE BASE, CALIFORNIA.

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO TOMASELLO CAMPBELL AND DUNLAP, THE PROTESTING BIDDER'S ATTORNEYS, DENYING THE PROTEST.

WHILE NO QUESTION WAS PRESENTED CONCERNING THE FAILURE TO REFER THE MATTER OF THE PROTESTING BIDDER'S COMPETENCY TO THE SMALL BUSINESS ADMINISTRATION, WE QUESTION THE ADEQUACY UNDER ASPR 1-705.4 (C) (V) AND (VI) OF THE CONTRACTING OFFICER'S "DETERMINATION" THAT THE UNSATISFACTORY FACTORS IN THE PRE-AWARD SURVEY REPORT "ARE GREATER THAN COULD BE SET ASIDE" BY A SMALL BUSINESS ADMINISTRATION CERTIFICATE OF COMPETENCY, AND WE SUGGEST THAT APPROPRIATE STEPS BE TAKEN TO PRECLUDE THE USE OF SIMILAR DETERMINATIONS IN FUTURE PROCUREMENTS.