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B-179026 1 (1974-01-25)

handle is hein.gao/gaobadcbq0001 and id is 1 raw text is: *-~ A FILE: B-179026 '~ ~ THE COMPTROLLER GE1'JEIRAL (. 7d'OF THE UNITED STATES V - : WASHINGTON, D.C. 20548 DATE: January 25, 1974 MATTER OF: Harper Enterprises DIGEST: Where bidder denied a certificate of competency by Small Business Administration (SBA) while bid- der had just 2 days prior to denial entered into a joint venture agreement to obtain necessary resources to perform, and where contracting offi- cer's attempted rereferral to SBA not accepted since SBA questioned responsiveness of bid vis- a-vis joint venture and SBA also indicated that no new evidence had been produced; notwithstanding fact that SBA stated bidder could possibly per- form if joint venture allowed, contracting offi- cer should not have ignored joint venture agree- ment in determining responsibility of bidder and joint venture agreement should be reassessed to determine responsibility of bidder. Award for continuing services to incumbent con- tractor during pendency of protest was not inapcro- priate since it did not deprive protesting bidder of contract in that agency has indicated it ..ill terminate awarded contract for convenience of Government and make award to protesting bidder if protest is sustained. Invitation for bids (IFB) No. DAHC23-73-B-OOh8 was issued by the Military Traffic Management and Terminal Service on May 25, 1973. The subject IFB sought to procure janitorial services to be performed at the Oakland Army Base, Oakland, California, and Fort Mason in San Fran- cisco, California. Award of the schedule B (Fort M1ason) portion of the IFB has been awarded to the Dependable Janitorial Service (Dependable) pursuant to a schedule severability provision in the solicitation and Harper does not question this award. However, Harper does question the agency's actions with regard to schedule A (Oakland Army Base). Schedule A of the IFB was awarded to the second low bidder (Dependable) prior to our issuance of a decision since the Army made a determination per ASPR 2- 407.8(b)(3)(iii) in that prompt award would be advantageous to the Government. &qz /DV7?7F Harper, the apparent low bidder on schedule A, submitted a bid which gave rise to a contention by Dependable that Harper's responsibility 53 Comp. G

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