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B-192191 1 (1978-10-23)

handle is hein.gao/gaobadgmu0001 and id is 1 raw text is: 






                      ta TME COMPTROL1,        'URAL4
DECISION                 OP  THE   UNITY        'AYES
                         WAFNINSTOr, Z       1. 20549



FILE:   8-192191              DATE:  October 23, 15$77J

MATTER  OF:  osmose Wood Preserving Company of America,
             Inc.

DIGEST:


     Although  id oi small business on
     small bus.ness set-aside exceeded
     courtesy bid submitted 1y large busi-
     ness, dectrmination that bid is reason-
     able is'ndt legally objectionable since
     Small Busi'ness Act has been intrirpreted
     to mean that Government may pay premium
     price to sinall'!usiness firms o small
     business restricted procurdnents and
     sinre bid was lower than unchallenged
     Goverr~ment estimate.

     osmose :Wod Preserving Company ,of America, Inc.
(Osmose), prof6es*s the ward of a contract to Crest
Chemical i ;'fnspection Comoany, Inc. (Crest), under
tollcitat'ion No. 70-C0055, a small business set-aside,
ssued  by the Bureau of Reclamation, Department of the
Interior, for inspection and treatment of woodpole
structures,

     The bids received under the solicitation ranged
from $56,459.00 (submitted by Osmose) to $258,189,94.
The Government's estimate was $129,980. In accordance
with the Notice 6f Small Business Sot-Aside of the
solicitation (wkiidn limits the consideration of bids to
smallbusiness  conceihs), the bid submitted by Osmose
was considered nonresponsive since Osmose was not a
small business.  Therefore, Crest .Jas considered to be
the low responsive bidder in the amount of $98,512.10.

     Osmose objects to acceptance of the higher-priced
bid. 'Osmose states'that the substantial difference
between its bid and the others submitted indicates that
the procurement should not have been set aside for small
business because [t]here are so few qualified small

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