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B-189798 1 (1977-12-09)

handle is hein.gao/gaobadfla0001 and id is 1 raw text is: I K AK DECISION ifn FILE: 3-189798 MATTER OF: I -B THE COMPTROLLER MONOFAL OF THE UNITUC BTATEE WASHINGTON. D.C. 2O548 DATF' December 9, 1977 Julian A. McDermott Corporation DIGEST: 1. In order for quescion concerning small business size status of bidder to be timely, it must be filed with and delivered to contracting officer prior to close of business on fifth day 'Eter bid opening. Small business size status is not for review by GAO, since conclusive authority to determine size status is vested by statute in SBA. 2. Contracting officer's determination that company's experi& ce and performance history under different corporate name justified waiver of first article testing will not be distzrbed in absence of clear showing of arbitrary and capricious action. Julian A. McDermott Corporation (McDermott) protets the award to Altek Systems, Inc. (Altek), under Marine Corps Logistics Support Base, Atlantic, Albany, Georgia (Corps), invitation for bids (IFB) No. M67004-77-B-0079 for 455 hand-held spotlights. The basis for McDermott's protest is two-fold: (1) Altek is not a small business and '2) 7-aiver of first article testing concerning Altek was improper. The IFB, a 100-percent suall business set-aside, was issued on April 30, 1977, and required bids to be submitted on June 7, 1977. It contained a section (5-5) that required first article testing and provided: For items from suppliers which are id.antical or similar to items previously furnished to the Government. sihich were acceptable in all respects, First Article may * * * be waived by tht Govrnment. In addition, the IFB, after required two sets of prices the second to exclude first modification (No. 0001; be submitted--the first article testing. May 6, 1977), to include and - 1 - 0

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