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B-202345 1 (1981-04-07)

handle is hein.gao/gaobabjzz0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply B-202345 Refer to: April 7, 1981 The Honorable Carl Levin United States Senate Dear Senator Levin: This is in response to your inquiry concerning the complaint of Mr. James Henry of Town Center Security Corporation in regard to the award of a contract to Per Mar, Inc. (Per Mar), under solicitation No. GS-05B- 42074 issued by the General Services Administration (GSA) for security services at GSA facilities in the Detroit area. Mr. Henry alleges that Per Mar, a large business concern, was improperly awarded the referenced contract, which was a small business set-aside and requests that the contract be terminated and award made to his com- pany, which was the next low eligible bidder. Mr. Henry asserts that Per Mar misrepresented itself as a small business for the purposes of this procurement, and that the contracting officer should have ascertained that Per Mar had so misrepresented itself. The solicitation in question had an April 30, 1980, bid opening date. The contract was awarded to Per Mar on June 27, 1980, and on July 31, 1980, Mr. Henry first contacted the contracting officer to allege that Per Mar was not a small business. The contractinQ officer advised Mr. Henry at that time that while the size status protest was untimely and was made after award, and thus could not have any effect on the procurement in question, GSA would request a determination from the Small Business Administration (SBA) regarding Per Mar's size status. By letter dated September 16, 1980, the SBA Kansas City regional office determined Per Mar to be other than a small business. Per Mar filed an appeal with the SBA Size Appeals Board, which apparently rendered

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