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B-192148 1 (1978-09-25)

handle is hein.gao/gaobadgmf0001 and id is 1 raw text is: LI II THIN aPuI CPwurOLvARNr V GNEIAL ECIWIONzP T UN'gTED STATh ~. ~f.N . '1:499 40 4 FILE: 8-192148 DATE:1septmber 25, 1978 MATTER OF: Western Pilament Ia, DI3EST: Where solicitation erroneously conhained priority listing for labor surplus area set-astde derived from superseded Defensa,'Manpower Policy, agency properly refused to select awardee based on such superseded policy. All parties--bidders andjcon- tracting activity--are on qonstructiv& notice, of change in policy relating to labor surplus area set-aside award preferences because of publication in Pederal Register Western Filament, Inc., (Western) pr.esth cancellation of the labor surplus area set-aside.portion of invitation for.bids (IFS) N, DLA-500-78-B-0825 (IFB- 0825) and the award of any contract und~r IFB No. DLA- 500-78--1565 (IFB -1565) which is a redolicitdation of the canceleA.,portion of the former solicitation., Westow ern, the second low bidder for the set-'aside portion, contends thitaward should have been made to it because the low.ibidder's priority forlabor surplus award was determined to be less than Western's. . Both 'Solicitatio nswere'issued by tie Defense. Industtial Supply Center (DISC), iPhiladelihia, Pennsyl- vania andd called for bids from small business firms for an annbfil requitemeits: contract to.provide poly- ester lacinq and'tying tapes. In the firt solicita- tion, 50 'ercent of each of the two line items was set-a&'Wda f6Wsmall'business firms whi6h also qk lified as labor surplus area concerns. The IFB incorporated by reference the clause set forth in Defense Acqifisi- tion4Regulation,(DAR) 7-2003.4 and entitled Notice of Combined Small Business-Labor Surplus Area Set Aside (1975 OCT). The bids were opened on March 10,.1978 and the non-labor surplus area set-aside portion of each item was awarded to the low bidder, Eoh Corporation (Eon). This-award has not been protested. Although its bid for the labor surplus area set-aside portion was low, Eon

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