B-139454, JUL. 1, 1959

B-139454, JUL. 1, 1959

TO SIDRAN SPORTSWEAR, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 18, 1959, AND TO YOUR TELEGRAM OF MAY 22, 1959, PROTESTING THE REJECTION OF YOUR LOW BID SUBMITTED PURSUANT TO INVITATION FOR BIDS NO. QM/CTM) 36-243-59 601, ISSUED MARCH 10, 1959, BY THE MILITARY CLOTHING AND TEXTILE SUPPLY AGENCY FOR 25,669 MEN'S GREEN WOOL JERSEY OVERCOATS.

THE INVITATION PROVIDED AT PAGE 17 OF THE SCHEDULE AS FOLLOWS:

"QUALIFIED MANUFACTURERS LIST:8 THIS IS ISSUED PURSUANT TO THE QUALIFIED MANUFACTURERS LIST PROGRAM. BIDS WILL BE ACCEPTED ONLY FROM QUALIFIED FIRMS. A QUALIFIED FIRM IS A FIRM APPEARING ON THE QUALIFIED MANUFACTURERS LIST FOR THE ITEM BEING PROCURED AND WHICH PROPOSES TO MANUFACTURE AT THE PLANT/S) WHICH SERVED AS A BASIS FOR ITS QUALIFICATION OR THE QUALIFICATION OF ANY OTHER FIRM ON THE PERTINENT LIST. FIRMS ON THE LIST WILL BE PERMITTED TO SUBMIT ADDITIONAL PLANTS FOR QUALIFICATION, BUT SUCH ADDITIONAL PLANTS WILL NOT BE CONSIDERED FOR THIS INVITATION FOR BIDS IF NOT QUALIFIED PRIOR TO BID OPENING. FIRMS NOT ON THE PERTINENT LIST WILL BE PERMITTED TO APPLY FOR QUALIFICATION AT ANY TIME, BUT THEY WILL NOT BE FURNISHED INVITATIONS FOR BIDS UNTIL THEY HAVE QUALIFIED. BIDS RECEIVED FROM FIRMS WHICH HAVE NOT QUALIFIED PRIOR TO THE OPENING OF THE BIDS WILL NOT BE CONSIDERED.'

YOUR BID WAS REJECTED BECAUSE, ALTHOUGH YOUR FIRM SIDRAN SPORTSWEAR IS ON THE QUALIFIED MANUFACTURERS LIST FOR THE ITEM UNDER PROCUREMENT, YOU INDICATED IN YOUR BID AN INTENTION TO USE A PLANT OF THE BENHAM MANUFACTURING COMPANY WHICH DID NOT SERVE AS A BASIS FOR YOUR QUALIFICATION OR THE QUALIFICATION OF ANY OTHER FIRM. ACCORDINGLY, UNDER THE TERMS OF THE QUOTED PROVISION, YOUR BID WAS NOT FOR CONSIDERATION.

THE INVITATION ALSO PROVIDED AT PAGE 18:

"BIDS OR PROPOSALS UNDER THIS PROCUREMENT ARE SOLICITED FROM SMALL BUSINESS CONCERNS ONLY AND THIS PROCUREMENT IS TO BE AWARDED ONLY TO ONE OR MORE SMALL BUSINESS CONCERNS. THIS ACTION IS BASED ON A DETERMINATION BY THE CONTRACTING OFFICER, ALONE OR IN CONJUNCTION WITH A REPRESENTATIVE OF THE SMALL BUSINESS ADMINISTRATION, THAT IT IS IN THE INTEREST OF MAINTAINING OR MOBILIZING THE NATION'S FULL PRODUCTIVE CAPACITY OR IN THE INTEREST OF WAR OR NATIONAL DEFENSE PROGRAMS.'

SMALL BUSINESS SET-ASIDES OF THIS TYPE ARE AUTHORIZED PURSUANT TO SECTION 15 OF THE SMALL BUSINESS ACT, 72 STAT. 395.

WE HAVE BEEN ADVISED THAT THE SMALL BUSINESS ADMINISTRATION HAS DETERMINED THAT SIDRAN SPORTSWEAR, INC., DOES NOT QUALIFY AS A SMALL BUSINESS CONCERN WITH RESPECT TO THE SUBJECT PROCUREMENT. SUCH A DETERMINATION BY THE SMALL BUSINESS ADMINISTRATION IS CONCLUSIVE ON THE PROCUREMENT AGENCIES OF THE GOVERNMENT PURSUANT TO SECTION 8 (B) (6) OF THE SMALL BUSINESS ACT, 72 STAT. 390. IN VIEW OF THE DETERMINATION BY THE SMALL BUSINESS ADMINISTRATION, IT IS CLEAR THAT YOUR FIRM IS NOT ELIGIBLE FOR AWARD UNDER THE INVITATION'S TERMS. THEREFORE, WHETHER THE BASIS UPON WHICH THE CONTRACTING OFFICER REJECTED YOUR BID WAS PROPER BECOMES AS ACADEMIC QUESTION AND NEED NOT BE CONSIDERED FURTHER.