PROCUREMENT - Socio-Economic Policies - Small businesses - Preferred products/services - Certification DIGEST: Bid on a total small business set aside certifying that not all end items to be furnished would be produced or manufactured by small business is nonresponsive. The certification pertains to end items only and does not include raw materials or components which are used in the manufacturing process. Computers' bid was rejected as nonresponsive because the protester certified that not all end items furnished would be manufactured or produced by small business concerns. Computers asserts that no bidder can meet the certification requirement because the raw materials (steel and rubber) required to make molds used in the production of the solicited grenade parts are produced only by large business concerns.
B-236479, Aug 18, 1989, 89-2 CPD 155
PROCUREMENT - Socio-Economic Policies - Small businesses - Preferred products/services - Certification DIGEST: Bid on a total small business set aside certifying that not all end items to be furnished would be produced or manufactured by small business is nonresponsive. The certification pertains to end items only and does not include raw materials or components which are used in the manufacturing process.
Computers, Inc.:
Computers, Inc. protests the rejection of its bid as nonresponsive under invitation for bids (IFB) No. DAAA03-89-B-0031, a total small business set aside, issued by the Department of the Army for certain grenade parts.
We dismiss the protest pursuant to our Bid Protest Regulations, 4 C.F.R. Sec. 21.3(m) (1988).
Computers' bid was rejected as nonresponsive because the protester certified that not all end items furnished would be manufactured or produced by small business concerns, as required under the IFB. Computers asserts that no bidder can meet the certification requirement because the raw materials (steel and rubber) required to make molds used in the production of the solicited grenade parts are produced only by large business concerns.
Since this IFB is a total small business set-aside, Computers' bid was properly rejected as nonresponsive because of Computers' certification that not all of the end items it supplied would be manufactured or produced by small business concerns. Food Tech Indus. Co., Inc., B-232791, Oct. 25, 1988, 88-2 CPD Para. 392. Computers' contention that no small business can comply with the required small business certification is based on Computers' misunderstanding of the scope of the certification. The certification requirement specifically refers to, and applies only to, end items to be furnished under the contract; it does not preclude a small business from using in its production or manufacturing process either components or raw materials which are furnished by a large business. See Rocco Indus., Inc., B-227636, July 24, 1987, 87-2 CPD Para. 87.
We also note that the question of whether an awardee which makes the proper small business certifications actually complies with its obligation to furnish a small business end item is a matter of contract administration, which is the primary responsibility of the contracting agency, and is not for consideration by our Office. Food Tech Indus. Co., Inc., B-232791, supra.
The protest is dismissed.