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PSAD-81-5 1 (1980-10-15)

handle is hein.gao/gaobabbcv0001 and id is 1 raw text is: 



                  UNITED STATES GENERAL ACCOUNTING OFFICE
                          WASHINGTON, D.C. 20548
                                                    OCTOBER 15, 1980
PROCURKMEW AND SYSTlMS
  ACQUISITION DIVISION
     B-200627


     The Honorable Lester L. Wolff                  lllhI/liIII Ifl II

     House of Representatives                          113530

     Dear Mr. Wolff:-

          Subject:   nquiry of Contr ct Award to a Nonsmall
                    Business Concern (PSAD-81-5)

          This is in reply to your letter of September 16, 1980,
     in which you asked us to look into two issues raised by
     the Filtron Manufacturing Company, Inc., in its unsuccessful
     bid to furnish filters for electronic communications systems
     under solicitation number DAAD 07-80-B-0093. The two issues
     are whether (1) the solicitation was a set-aside for small
     business and (2) the contracting officer followed applicable
     instructions and requirements of this procurement.

          Regarding the first issue, we were informed by the con-
     tracting officer that this solicitation was not a set-aside
     for small business. He further stated that, before advertis-
     ing for the contract, he had consulted with the local small
     business representative who had advised him there were insuf-
     ficient small business sources to compete on this contract.
     Therefore, the solicitation was issued without a provision
     limiting responses to small business concerns. We confirmed
     this information in a conversation with the small business
     representative.

          In section L.9 of the instructions to bidders, the
     solicitation does contain a reference to small business.
     The reference merely indicated the maximum number of
     employees a concern may have and still qualify as a small
     business. This instruction was included to assist prospec-
     tive bidders in responding to a question in the bid package
     which seeks to identify small business concerns. It does
     not have anything to do with setting aside the contract
     for small business. If the procurement had been set aside
     for small business, the solicitation would have clearly


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