B-148959, JUL. 9, 1962

B-148959, JUL. 9, 1962

TO WM. A. SMITH CONTRACTING CO., INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 14, 1962, WITH ENCLOSURE, WHEREIN, SUPPLEMENTING YOUR TELEGRAM OF MAY 2, 1962, PROTESTING THE WITHDRAWAL OF THE SMALL BUSINESS SET-ASIDE UNDER INVITATION NO. CIVENG-41- 443-62-86, YOU PROTEST THAT R.G. LETOURNEAU, INC., THOUGH NOT QUALIFYING AS A SMALL BUSINESS CONCERN, IMPROPERLY SUBMITTED A BID ON THE WORK SET ASIDE FOR SMALL BUSINESS UNDER INVITATION NO. CIVENG- 34-066-62-146, COVERING THE FIRST STAGE EMBANKMENT AND SPILLWAY EXCAVATION AT MILLWOOD DAM, LITTLE RIVER, ARKANSAS.

THE FACTS AND CIRCUMSTANCES, FORMING THE BASES FOR THE DENIAL OF THE PROTEST RELATING TO INVITATION NO. CIVENG-41-443-62-86, WERE SET FORTH IN OUR DECISION OF MAY 29, 1962, B-148803, AND NEED NOT BE REPEATED HEREIN.

CONCERNING YOUR PROTEST TO THE SUBMISSION OF A BID BY R.G. LETOURNEAU, INC., UNDER INVITATION NO. CIVENG-34-066-62-146, IT IS ADMINISTRATIVELY REPORTED, IN PART, AS FOLLOWS:

"IT IS TRUE THAT R.G. LETOURNEAU, INC. DID BID ON THE FIRST STAGE EMBANKMENT AND SPILLWAY EXCAVATION, MILLWOOD DAM, LITTLE RIVER, ARKANSAS. HOWEVER, THERE IS NO BASIS FOR COMPLAINT OF THIS BID SINCE THE PROCUREMENT WAS FORMALLY ADVERTISED UNDER AN UNRESTRICTED INVITATION. THERE WAS NO SMALL BUSINESS SET-ASIDE. THIS DETERMINATION HAD THE CONCURRENCE OF THE SMALL BUSINESS ADMINISTRATION REPRESENTATIVE. FURTHER, LETOURNEAU WAS NOT THE LOWEST BIDDER AND WAS NOT AWARDED THE CONTRACT.'

SINCE THE REPORTED FACTS DO NOT INDICATE ANY IRREGULARITIES IN THE BIDDING ON THE CITED INVITATION, YOUR PROTEST MUST BE AND IS DENIED.