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B-190472 1 (1978-01-30)

handle is hein.gao/gaobadfqr0001 and id is 1 raw text is: Eilen Pottit q THE CUMPWTOLLEf GENERAL V AaMINaTON, 0.0. saue B-190472 DATE: January 30, 1978 MATT'ER 0F0. H. Rutter Rex Manufacturing Co., Inc.; Martin Manufacturing Company, Inc. Protests concerning proposed award of-labor surpLus area met-aside partion.of procukement which is conducted pursuant to Arms Export Control Act (formerly Foreign Military.Sales Adt) are. not for consideratyoi under GAO Bid Protest Procedures and are, therefore, dismissed. However,-.our position in this area is currently under revins. J. 3. Rutter Rex Manufacturing Co., Inc. (Rutter Rex), and Martin Manufacturing Company, Inc. (Martin), have pro- tested against the proposed award to Kings Point Mfg. Co. Inc. (KUigs Point), of a contract for 374,110 durable press shirts, =the labor-surplus area set-aside porti on of invi- tation for bids (IFB). No. DSA 100-77-8-1046 isued by the Defense LogisticS Agency (DLA), Defense Personnel Support Center, Philadelphia, Pennsylvania. The IFB was issued on Au Uno: 11, ;1977, fora total of 748,220 units bid opening was extended by amendmht to September 12,, 1977. -:Of the five bids received, Rutter Rex was the 1w bidder on the non-set-aside portion; Martin, second low bidder1 and Kings Point, the'high bidder. DLA's drawingby 1ot o9c00tober 12, 1977, determined That Kings Point should be awarded the set-aside portion of the pro- curement; award, however, has beln withheld pending resolu- tion of the protests. Counsel for Rutt!er Rex and for Martin essentially con- tend that the drawing procedure and proposed award are improper because Kings Paint's.bid on the'non-set-aside portion conatituted a token offerp rendering the firm ineligible for the set-aside portion. See Armed Services Procurement Regulation (ASPR) 55 1-904.2T5)(2) and 7-2003.5(b) (1976 ed.). ;4 .z1 - 1 - . . . I - - . - - - - ''~-4''' 4. - - - 4, - . . 4- , 7, - U * ¼ '' -.*. - ~¼' 4,' I 7--. 4 ----C *4~- - - . 4 <fri FI.E: il-I '1 I I

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