B-193164, NOVEMBER 27, 1978
Highlights
IS A LARGE BUSINESS CONCERN AND HAS SUBMITTED BID PRICES BELOW THOSE SUBMITTED BY HORNER TO POTENTIAL PRIME CONTRACTORS. WE ARE AWARE OF NO LEGAL SUPPORT FOR A PROTEST TO THIS OFFICE BASED SOLELY ON ANTICIPATION THAT A PRIME CONTRACTOR FOR A TOTAL SMALL BUSINESS SET-ASIDE CONSTRUCTION CONTRACT MAY INTEND TO SUBCONTRACT A PORTION OF THE WORK TO A LARGE BUSINESS. THIS PROTEST IS DENIED.
B-193164, NOVEMBER 27, 1978
DIGEST: NO LEGAL SUPPORT EXISTS FOR PROTEST BASED SOLELY ON ANTICIPATION THAT PRIME CONTRACTOR FOR TOTAL SMALL BUSINESS SET-ASIDE CONSTRUCTION CONTRACT MAY SUBCONTRACT PORTION OF WORK TO LARGE BUSINESS.
HORNER ELEVATOR COMPANY, INC.:
HORNER ELEVATOR COMPANY, INC. (HORNER) PROTESTS ANY AWARD OF A SUBCONTRACT TO THE OTIS ELEVATOR COMPANY BY ANY SMALL BUSINESS PRIME CONTRACTOR SELECTED UNDER INVITATION FOR BIDS (IFB) NO. DAKF27-78-B 0206 ISSUED BY FORT GEORGE G. MEADE, MARYLAND. HORNER CONTENDS THAT OTIS, A POTENTIAL SUBCONTRACTOR, IS A LARGE BUSINESS CONCERN AND HAS SUBMITTED BID PRICES BELOW THOSE SUBMITTED BY HORNER TO POTENTIAL PRIME CONTRACTORS.
WE ARE AWARE OF NO LEGAL SUPPORT FOR A PROTEST TO THIS OFFICE BASED SOLELY ON ANTICIPATION THAT A PRIME CONTRACTOR FOR A TOTAL SMALL BUSINESS SET-ASIDE CONSTRUCTION CONTRACT MAY INTEND TO SUBCONTRACT A PORTION OF THE WORK TO A LARGE BUSINESS. THE SMALL BUSINESS ADMINISTRATION (SBA) REQUIRES SMALL BUSINESS CONSTRUCTION FIRMS BIDDING ON TOTAL SMALL BUSINESS SET-ASIDES TO PERFORM A SIGNIFICANT PORTION OF THE CONTRACT WITH ITS OWN FACILITIES AND PERSONNEL ON ITS OWN PAYROLL. 13 C.F.R. 124.8-16(F) (1978). HOWEVER, THE PROTESTER HAS PRESENTED NO INFORMATION TO INDICATE THAT THE INTENDED PRIME CONTRACTOR DOES NOT INTEND TO COMPLY WITH THIS REQUIREMENT.
ACCORDINGLY, THIS PROTEST IS DENIED.