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B-187168 1 (1977-01-12)

handle is hein.gao/gaobadeip0001 and id is 1 raw text is: amrt Ja.Pas / THE DOMPTROLLUMN SENWEAL DECIUIN . *op . or ruN uNITm ueviram ) .WAUIINIwTCa . C.0. *ot042 FILE: B-18716 DATE: Jamma , 1n MATTER OF: Ekistics Design Group, Inc. DIGEST: 1. Where SPA took no action within 5 days regarding procurhg agency's referral of nonresponsibility determhation based, in part, on lack of Integrity, contract award to nextilow bidder will not be questioned because responsible SBA official wan notified pursuant totregulation and no objection was. raised regarding determination that small busineis concern lacked integrity. Fact that other qffle of SEA diareed nearly one month after appropriate SEA official was notified of contracting officer's views is not compelling reason to justy- review by GAO. 2. Recommendation is made that FPR 1-1. O80. 2(a)(5) be revised to conform to ASPR 1-705. 4(c)(vi) which requires notification to SEA regional office as well as to SBA adviser where contracting oflicer proposes to reject ima1 business concern as rnonresponsible based on:(s.tors other than capacity or credit. EkisticsDesigni Group,/Iunc. (EkLstics) protests a leterknina- tion by the Environmental:VProtection Agency (EPA) that Ekistics is not responsi~le for purposea of contract award under solicitationr EPA WA 76-E273 for an indefliite quantity contract for the storage rad mailin4 of various documents prepared by EPAts Effluent Guidelines Division., Ekistica' low bid was rejected because the firm was considered .to be nonresponsible. EPA determined that Efrstics lacked capacity to perform ttiely and, after attempting to verity information supplied by Ekiutics regarding its arran ements for performing the work, that the firm lacked integrity. 4.' - Pursuant to 'Federal Procurement Regulat6na £ 1-1.708. 2(a)(5), the contiaetiig officer advir d the assigned Sinall Businiss'Adminias- tration (SBA) representative in Washington. D. C., that Ekistics was considered nonresponsible for lack of integrity notwithstanding that the factors leLding to that determination also affected the bidder's capacity. The SBA official receiving this advice and supporting docu- mentation did not submit notice of any contrary viewo. Under thr -1- .I I

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