About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-270545 1 (1996-03-21)

handle is hein.gao/gaocrptadzp0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Hatco Corporation File: B-270545 Date: March 21, 1996 Timothy S. Kerr, Esq., Elliott Reihner Siedzikowski & Egan, for the protester. Mariette Naughton for Naughton Energy, the intervenor. Amalia Evola, Esq., and Benjamin G. Perkins, Esq., Defense Logistics Agency, for the agency. C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging awardee's eligibility for preferential consideration as a small disadvantaged business on the ground that the supplier proposed by the awardee is not a manufacturer is dismissed because the Small Business Administration is vested with conclusive authority to decide that issue. DECISION Hatco Corporation protests the award of a contract to Naughton Energy under request for proposals (RFP) No. SP0451-95-R-2181, issued by the Defense Logistics Agency, Defense General Supply Center (DGSC) for the manufacture and supply of synthetic lubricating oil. The protester contends that the agency improperly gave Naughton preferential consideration for award available under the RFP to small disadvantaged business (SDB) concerns. We dismiss the protest. On March 21, 1995, DGSC issued the RFP for award of a fixed-price requirements contract for a base year, with two 1-year option periods, to supply synthetic lubricating oil for use in aircraft turboshaft engines. The RFP provided for a partial small business set-aside, with preferential consideration for SDBs. The RFP required regular dealers claiming the preference as SDBs to agree to furnish only items manufactured or produced by small business concerns in the United States. After awarding the non-set-aside portion to Mobil Oil Corporation, the agency conducted discussions with Naughton. Naughton agreed to accept an award at Mobil's price plus a 10-percent premium allowed for SDBs. The agency awarded a 821321

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most