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B-175633 1 (1973-05-31)

handle is hein.gao/gaobaadmr0001 and id is 1 raw text is: . , COMPTRoULLER GENERAL OF THE UNITED STATES W^SHINGTON. D M 23.4 3ole5 B-175633 May 31, 1973 The Honorable Howard H. Callaway I111111I~I!I~11 !I fiII The Secretary of the Army 091844 Dear Mr. Secretary: We refer to letter AMCGC-P dated March 16, 1973, and prior correspondence, from The Deputy General Counsel, Headquarters United States Army Materiel Command, reporting on protests of Transvac, Inc., Cincinnati Electronics Corporation, Sentinel Electron~ics, Inc., and Bristol Electronics, Inc., under invitation for bids (IFB) No. DAAB05- 72-B-0012. The IFB covered the procurement of a quantity of radio sets and receiver-transmitters on a 3-year multiyear basis with 50 percent set aside for award to labor surplus area concerns. On the non-set-aside portion of the IFB, the four lowest bidders in ascending order were as follows: Transvac (small business but not a labor surplus area concern), Cincinnati (small business and a labor surplus area concern), Sentinel (small business and a labor surplus area concern), and the Avco Corpora- tion (Avco) (large business and a labor surplus aree concern). Bristol submitted the sixth low bid on the non-set-aside portion of the iFB In accordance with the IFB provision setting forth the standard notice of labor surplus area set-aside prescribed by paragraph 1-804.2(b) of the Armed Services Procurement Regulation (ASPR), Cincinnati as a certified- eligible concern is entitled to priority negotiation opportunity under the set-aside portion of the IFB. However, the contracting officer rejected the bids of Transvac and Cincinnati as nonresponsive. Pendinb a favorable responsibility determination, the contracting officer proposes to award the non-set-aside portion to Sentinel and extend to Sentinel, a certified-eligible concern and low responsive bidder on the non-set- aside portion, first priority for negotiation of the set-aside portion. For the reasons set forth in detail below, we concur with the contracting officer's rejection of the Transvac bid as nonresponsive, but do not agree that the Cincinnati bid is nonresponsive. However, we do not believe that Cincinnati should be afforded an opportunity to participate in the set-aside negotiations as a small business concern. Moreover, we find no merit to the Bristol protest against any award to Sentinel. PtXPhISUir'D DEC!S2ON 52 Comp. Gen t2 t k

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