B-226105, FEB 18, 1987, 87-1 CPD 185

B-226105: Feb 18, 1987

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PROCUREMENT - BID PROTEST - MOOT ALLEGATION - GAO REVIEW DIGEST: PROTEST THAT AWARD WAS MADE TO ANOTHER FIRM EVEN THOUGH PROTESTER WAS ISSUED A CERTIFICATE OF COMPETENCY (COC) BY THE SMALL BUSINESS ADMINISTRATION IS DISMISSED SINCE AT THE TIME THE COC WAS ISSUED. THE PROTESTER WAS NO LONGER THE LOW OFFEROR. RIMCO ARGUES THAT IT SHOULD HAVE BEEN AWARDED THE CONTRACT SINCE THE SMALL BUSINESS ADMINISTRATION (SBA) ISSUED IT A CERTIFICATE OF COMPETENCY (COC). CHECK-MATE WAS THE LOW OFFEROR THIS TIME. EVEN THOUGH THAT FIRM WAS NO LONGER THE LOW OFFEROR AND THE AWARD HAD ALREADY BEEN MADE TO THE OTHER FIRM. WHILE IT IS INDEED UNFORTUNATE THAT THE CONTRACTING AGENCY DID NOT INFORM SBA THAT RIMCO WAS NO LONGER THE LOW OFFEROR.

B-226105, FEB 18, 1987, 87-1 CPD 185

PROCUREMENT - BID PROTEST - MOOT ALLEGATION - GAO REVIEW DIGEST: PROTEST THAT AWARD WAS MADE TO ANOTHER FIRM EVEN THOUGH PROTESTER WAS ISSUED A CERTIFICATE OF COMPETENCY (COC) BY THE SMALL BUSINESS ADMINISTRATION IS DISMISSED SINCE AT THE TIME THE COC WAS ISSUED, THE PROTESTER WAS NO LONGER THE LOW OFFEROR.

RIMCO INDUSTRIES:

RIMCO INDUSTRIES PROTESTS THE AWARD OF A CONTRACT TO CHECK-MATE INDUSTRIES UNDER REQUEST FOR PROPOSALS (RFP) NO. DAAA09-86-R-0352, ISSUED BY THE U.S. ARMY ARMAMENT, MUNITIONS & CHEMICAL COMMAND, ROCK ISLAND, ILLINOIS. THE RFP SOUGHT OFFERS ON 754 SMALL STORAGE RACKS. RIMCO ARGUES THAT IT SHOULD HAVE BEEN AWARDED THE CONTRACT SINCE THE SMALL BUSINESS ADMINISTRATION (SBA) ISSUED IT A CERTIFICATE OF COMPETENCY (COC). DISMISS THE PROTEST.

RIMCO SUBMITTED THE LOW OFFER IN RESPONSE TO THE INITIAL REQUEST FOR BEST AND FINAL OFFERS, AND THE AGENCY REFERRED IT TO SBA FOR POSSIBLE ISSUANCE OF A COC. RIMCO SUBSEQUENTLY CLAIMED THAT ITS OFFER CONTAINED A MISTAKE. THE CONTRACTING OFFICER REQUESTED A SECOND ROUND OF BEST AND FINAL OFFERS; CHECK-MATE WAS THE LOW OFFEROR THIS TIME. THE CONTRACTING OFFICER AWARDED A CONTRACT TO CHECK-MATE ON OCTOBER 28, 1986. THE AGENCY NEGLECTED TO INFORM SBA OF THIS, HOWEVER, AND SBA APPARENTLY ISSUED THE PROTESTER A COC ON DECEMBER 19, EVEN THOUGH THAT FIRM WAS NO LONGER THE LOW OFFEROR AND THE AWARD HAD ALREADY BEEN MADE TO THE OTHER FIRM.

WHILE IT IS INDEED UNFORTUNATE THAT THE CONTRACTING AGENCY DID NOT INFORM SBA THAT RIMCO WAS NO LONGER THE LOW OFFEROR, RIMCO HAS NOT STATED A GROUND OF PROTEST UPON WHICH RELIEF MAY BE GRANTED. RIMCO SIMPLY WAS NOT THE LOW OFFEROR AND NOT IN LINE FOR AWARD WHEN THE COC WAS ISSUED.

THE PROTEST IS DISMISSED PURSUANT TO SECTION 21.3(F) OF OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.3(F) (1986).

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