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B-274956 1 (1997-01-15)

handle is hein.gao/gaocrptafsj0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Chattin/Ashton, Inc., A Joint Venture File: B-274956 Date: January 15, 1997 James W. Taylor, Esq., Burger & Plavan, for the protester. Sherry Kinland Kaswell, Esq., Department of the Interior, for the agency. Christina Sklarew, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Bureau of Indian Affairs reasonably determined that a joint venture, comprised of an Indian-owned firm and a firm which was not Indian-owned, did not qualify as an Indian economic enterprise eligible for award under Buy Indian set-aside procurement where the joint venture failed to clearly demonstrate that the Indian- owned firm would control the joint venture. DECISION Chattin/Ashton, Inc., A Joint Venture protests the rejection of its bid submitted under invitation for bids (IFB) No. SB-96-0011, which was issued by the Bureau of Indian Affairs (BIA), Department of the Interior, for road construction on the Tohono O'Odham Nation, Arizona. The protester contends that the agency improperly determined that the joint venture, comprised of Chattin Industries, Inc., an Indian-owned firm, and The Ashton Company, Inc., which is not Indian-owned, did not qualify for award as an eligible Indian economic enterprise. We deny the protest. The IFB was issued on June 17, 1996, as a total set-aside for Indian-owned concerns pursuant to the Buy Indian Act, 25 U.S.C. § 47 (1994). The IFB required Indian economic enterprises to prepare a Representation Declaration as part of their bids, certifying their status as eligible Indian economic enterprises. The IFB defined Indian economic enterprise to mean: any business entity (whether organized for profit or not) which: (1) is at least 51 percent owned by one or more Indian(s) or an Indian tribe(s); and (2) one or more of those owners must be involved in daily business management of the economic enterprise; and (3) the majority of the earnings of which accrue to such Indian person(s). 445113

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