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B-186403 1 (1976-08-02)

handle is hein.gao/gaobaddjk0001 and id is 1 raw text is: 



                             THE  COMPTROLLER GENERAL
DECISIONl             ~      OF   THE    UNITED      STATES
                             WASHINGTON, D. C. 20548




FILE:   B-186403                    DATE:   August 2, 1976

MATTER OF: Welmetco, Ltd.


DIGEST:


1.   Protester's status as a minority-owned small business
     certified as having first preference under Defense
     Manpower Policy No. 4 is not in itself reason why
     protester should have automatically been sent copy
     of IFB absent evidence that protester was a prior
     producer of item being procured or that protester had
     requested to be placed on bidders list for that item.

2.   Agency's refusal to furnish prospective bidder with copy
     of solicitation on grounds none was available is not legally
     objectionable since agency is not required to prepare
     unlimited number of solicitations and it appears from record
     that adequate competition and reasonable prices were obtained
     and that agency did not seek to deliberately exclude bidder
     from competing.

     Welmetco, Ltd. (Welmetco) has protested the failure of the
Department of the Army to furnish it with a bid set for invitation
for bids (IFB) No.DAAO9-76-B-6465 issued as a total small business
set-aside by the Army Armament Command, Rock Island, Illinois.
Welmetco requests that it be allowed to submit a bid and that
award not be made unless it has the opportunity to do so. Award
of a contract has been withheld pending our decision.

     By letter dated March 31, 1976, two days after the IFB was
issued, the sales agent for Welmetco requested a bid set for the
subject IFB.  The Army reports that it could not comDly with
Welmetco's request because the 52 bid sets prepared had been dis-
tributed.  Bid sets first were sent to the 19 firms appearing on
the Army's bidders list with the remainder to 33 other firms, in
the order in which they responded to the synopsis of this procure-
ment appearing in the Commerce Business Daily (CBD). It is also
to be noted that 69 requests for bid sets, including the request
from Welmetco, could not be honored due to the limited number of
bid sets available.


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