B-149340, AUG. 21, 1962
Highlights
INC.: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM WHICH WAS RECEIVED IN OUR OFFICE ON JULY 3. THE BASIS FOR YOUR PROTEST WAS THAT DESPITE THE FACT THE PROCUREMENT IN THIS CASE WAS A 100 PERCENT SET-ASIDE FOR SMALL BUSINESS. AN AWARD WAS MADE TO CONNELLY CONTAINERS. WE HAVE RECEIVED A REPORT FROM THE GENERAL SERVICES ADMINISTRATION WHICH SHOWS THAT THE ABOVE-INDICATED INVITATION FOR BIDS DID PROVIDE FOR A 100 PERCENT SET-ASIDE FOR SMALL BUSINESS. REPRESENTED THAT IT WAS A SMALL BUSINESS CONCERN. - WAS BROUGHT TO THE ATTENTION OF THE SMALL BUSINESS ADMINISTRATION WHICH UNDER DATE OF JUNE 27. WAS A SMALL BUSINESS CONCERN. IT WAS NECESSARY THAT THE REQUIREMENTS OF THAT DEPARTMENT BE PROCESSED WITHOUT DELAY.
B-149340, AUG. 21, 1962
TO TRI-WALL CONTAINERS, INC.:
FURTHER REFERENCE IS MADE TO YOUR TELEGRAM WHICH WAS RECEIVED IN OUR OFFICE ON JULY 3, 1962, PROTESTING THE AWARD OF A CONTRACT UNDER GSA PROCUREMENT NO. WA-NC-R-100793 TO CONNELLY CONTAINERS, INC., ON JUNE 30, 1962, FOR THE FURNISHING OF VARIOUS QUANTITIES OF FIBERBOARD, CORRUGATED, TRIPLE WALL BOXES.
THE BASIS FOR YOUR PROTEST WAS THAT DESPITE THE FACT THE PROCUREMENT IN THIS CASE WAS A 100 PERCENT SET-ASIDE FOR SMALL BUSINESS, AN AWARD WAS MADE TO CONNELLY CONTAINERS, INC., WITHOUT THE BENEFIT OF A DETERMINATION BY THE SMALL BUSINESS ADMINISTRATION AS TO THE SIZE OF THE SUCCESSFUL BIDDER, AND DESPITE A PROTEST FILED WITH THE CONTRACTING OFFICER PRIOR TO AWARD.
WE HAVE RECEIVED A REPORT FROM THE GENERAL SERVICES ADMINISTRATION WHICH SHOWS THAT THE ABOVE-INDICATED INVITATION FOR BIDS DID PROVIDE FOR A 100 PERCENT SET-ASIDE FOR SMALL BUSINESS. IN SUBMITTING ITS BID PURSUANT TO THE INVITATION CONNELLY CONTAINERS, INC., REPRESENTED THAT IT WAS A SMALL BUSINESS CONCERN. THE RECORD SHOWS THAT THE MATTER OF YOUR PROTEST--- AS SET FORTH IN YOUR TELEGRAM OF JUNE 26, 1962, AND IN YOUR LETTER DATED JUNE 27, 1962--- WAS BROUGHT TO THE ATTENTION OF THE SMALL BUSINESS ADMINISTRATION WHICH UNDER DATE OF JUNE 27, 1962, VERBALLY INFORMED THE GENERAL SERVICES ADMINISTRATION THAT CONNELLY CONTAINERS, INC., WAS A SMALL BUSINESS CONCERN.
BY REASON OF THE RECEIPT OF ADDITIONAL INFORMATION WHICH REQUIRED FURTHER INVESTIGATION, THE SMALL BUSINESS ADMINISTRATION BY TELEGRAM DATED JUNE 29, 1962, RESCINDED WITHOUT PREJUDICE TO FURTHER ACTION THE SIZE DETERMINATION OF CONNELLY CONTAINERS, INC. UNDER DATE OF JUNE 30, 1962, THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE ADVISED THE GENERAL SERVICES ADMINISTRATION THAT, DUE TO THE EXIGENCIES OF THEIR PROGRAM, IT WAS NECESSARY THAT THE REQUIREMENTS OF THAT DEPARTMENT BE PROCESSED WITHOUT DELAY, SO THAT DELIVERIES COULD BE COMPLETED BY AUGUST 10, 1962. IN ORDER TO MEET THE NEEDS OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, CONTRACT NO. GS-03S-23391 WAS AWARDED TO THE LOW BIDDER, CONNELLY CONTAINERS, INC., UNDER DATE OF JUNE 30, 1962, UNDER PROVISIONS OF FPR-1- 1.703-2 (E). BY A FURTHER TELEGRAM DATED JULY 13, 1962, THE SMALL BUSINESS ADMINISTRATION ADVISED THE GENERAL SERVICES ADMINISTRATION THAT UPON FURTHER INVESTIGATION AND CONSIDERATION IT HAD DETERMINED THAT CONNELLY CONTAINERS, INC., IS A SMALL BUSINESS CONCERN FOR GOVERNMENT PROCUREMENT UNDER INVITATION FOR BIDS NO. WA-NC-R-100793.
UPON THE BASIS OF THE INFORMATION FURNISHED BY THE GENERAL SERVICES ADMINISTRATION IT APPEARS THERE IS NO PROPER BASIS FOR YOUR PROTEST AND THE SAME IS HEREBY DENIED.