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B-192196 1 (1978-08-21)

handle is hein.gao/gaobadghq0001 and id is 1 raw text is: k~ eM THE CO.PePTRCLLEfl tENIEIRAL D sEcisiC t)O THE UNITRa O vAvs WASItNGON,. .C. R0ti48 FILE: B-192396 DATE: Auc.'st 21, 1972 MVATTER OF: Burn Construction Company, Inc. DIGEST: 1. Under Optimum Systems, Inc., 54 Comp. Gen. 767 (1975), 75-1 CPD 166, protest against award made by prime contractor will bc considered since circumstances indicate Government's active and significant involvement, prior to approval of subcontract, in subcontractor selection in form ot thorough review of procurament which resulted ir rejection of prutester's bid. 2. Where frrmally advertised solicitation con- tains mandatory sobcontractor listinq requitement to preclude tid chopping which requires subcon- tractorn listed to perform work on troject, low bid which listed alternate subcontractors under one category of work was nonre:ponsive as it afforded bidder nuportunity to select after bid opening which o: two firms ltsted would be subcontractor. 3. Whetier contractor has obtained state license is matter between contractcr and state officials and has no bearing on bidder responsibility or award of contract. Burn Construction Company, Inc. (Burn), has pro- tested to our Office the award of a subcontract to any other bidder by Associated Universities, Inc. (AUI), for work at the Very Large Array Project (VLA) in New Mexico. AUI is a prime contractor to the National Science Foundation (NSP) for the management, operation anti main- tenance of the Uational Radio Astronomy-Observatory (NPAO) a Cuvzrnment facility 1.hich includes the VIA. .mong ottu: things, the cost-plus-a-fixed-fee contract between AUI and NSF calls for AL. subject to NSF aoproval, to design, construct and operate the VLA radio telescope system. Under the contract, NSF requires AUI to provide advance notification of any proposed subcontract for construction II *I 1

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