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B-189992 1 (1977-11-11)

handle is hein.gao/gaobadfho0001 and id is 1 raw text is: I -- -, -THE CO PTROLLkR GE5NERAL T DECISION .r2 . OP THE UNITED STATES I *WASHINGTON, D.C. 20546 FILE: B-189992 DATE: November 11, 1977 MATTER OF: Matthews International Corporation DIGEST: Contrary to protester's suggestion, awards made to small business under non-set-aside portion of procurement do not serve to reduce quantity of items to be awarded under set-aside portion, This is a protest by Matthews International Corporation (Matthews) concerning Invitation for Bids (IFf7) 101(42)-3-78 issued by the Veterans Administration (VA) for an indefinite quantity requirements type con- tract for grave markers for fiscal year 1978. The solicitation requested bids from unrostricted sources (both large and small businesses) for a total estimated quantity of 54,250 markers. An equal estimated number of markers was set aside exclusively for small busine.,s concerns. The protester alleges that subsequent to bid opening it became aware that VA intended to select contractors for the non-set-aside quantity on a state-by-state basis, thus reserving half of each state's requirements for small business concerns. The firm objects to this procedure because s.nall business concerns could receive contracts under both the restricted and unre- stricted portions in excess of half of the Government's total require- ments. In other words, the protester objects to restricting competition for the set-aside quantity to the extent that partial awards under the non-det-aside portion will be made to small busin. ss concerns. Initialy, we note that VA has been awarding contracts on a state- by-state basis for a number of years and that Matthews has bid on similar requirements contracts in the past. Even though Matthews protested after bid opening we believe the protest is timely because it concerns the VA's intention to make partial awards under the non- set-aside portion and this procedure is not clearly explained in the solicitation. In this connecti on we are recommending to VA that future ;olicitations be more explicit in this regard.

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