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B-186471 1 (1976-12-15)

handle is hein.gao/gaobadehv0001 and id is 1 raw text is: James isaco Pro.I STH OCMPThDLLR SENURAL - .DE 3I0N . O P s UNITED UTATUs (2 ~WAMMINCTON. C..00OUU AL. PILE: DATE: Ibembo 19T6 MATTER OF: Valmae~, Ltd.1 Bastern Canvas Products, Inc. 1. Where protester ratted same issues in protest In litigatioC.before U.S. District Court and will pursue tizial adjudication on merits with court, the protest will not he considered since it, ispractice of GAD ,not toyrder decision on protest where ±usues involved are likely to be disposed of by court of comptent jurisdiction and court 1ass not expressed Interest in decision from CA. 2. Proest aginat emall business 'ise status if ano'&har bidder will not be conisidired sinc anclsive auThority over questior of size atatus of potential swardess rests with SBA. on April 15, 1976, the Defense Supply igency (DSA) solicited bids for a.rapframe assemblies under Arnitation for bids (IFB) DSAlDO-76'B-98. lids were also todhht for shoulder straps undar Im/ DbA100-76-B-1008 issued on April 19, 19s S. Both sol 'citatilns were retrictri to small braineases with bid openings held respeetvely on May 5 and May 10, 1976. Welmetco, Ltd. (Welmetco), and Eastern Canvas Products, Inc. (Eastert), responded to both solicitationu. Protests were filed by Eastern against any contract awards to 4 1metco, the lt idder, uAder both solic tations. ELstern's pro- tests are based in part on a contract for similar items No. DSA10- 76-C-1379) which wa- awar4ed on Way 5, 1976, by DSA to the Sa under the latter's 8(a) program, 15 U.S.C. I 637(a) (1970). SBA had selected Welmetco as the subcontractor to perform the contract. Welmteu badtbeen approved by SBA for participatiou in the 8(a). program on Decdber 14, 1975. The record indicatesl that negotiations were held and completed by SM and Welmetco 'prior to the ds:es for bid opening specified by the two IFB's. In this reaurd, SBA's report on the protests states that: '** * Agreement was reached between the 8(a) negotiators for an 8(a) award to Welmetco for - - 1 -

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