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B-275043 1 (1997-01-16)

handle is hein.gao/gaocrptafst0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Young & Joe Construction File: B-275043 Date: January 16, 1997 Robert 0. Dyer, Esq., Jennings & Haug, for the protester. Sherry Kinland Kaswell, Esq., and Justin P. Patterson, Esq., Department of the Interior, for the agency. Jennifer D. Westfall-Mc Grail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where agency fails to demonstrate reasonable basis for its determination that firm which self-certified as an Indian economic enterprise was not in fact such. DECISION Young & Joe Construction protests the rejection of its bid and the award of a contract to Blaze Construction under invitation for bids (IFB) No. SB-96-0016, issued by the Department of the Interior, Bureau of Indian Affairs (BIA), for road construction on the Salt River Indian Reservation, Arizona. The procurement was set aside for eligible Indian economic enterprises pursuant to the Buy Indian Act, 25 U.S.C. § 47 (1994). Young & Joe's bid was rejected based on the contracting officer's determination that it was not an eligible Indian economic enterprise. Young & Joe disputes that determination. We sustain the protest. BACKGROUND The IFB was issued on June 20, 1996, as a total Buy Indian set-aside. To be considered for award, bidding enterprises were required to certify that they were at least 51 percent Indian-owned, that one or more of the Indian owners would be involved in daily business management of the enterprise, and that the majority of the enterprise's earnings would accrue to the Indian owners. At the July 31 bid opening, Young & Joe, a partnership comprised of Young & Joe Management Company, an Indian-owned firm (holding a majority interest), and Agate, Inc., a non-Indian firm (holding a minority interest), was the low bidder; Blaze was second 457116

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