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B-184420,B-185206 1 (1976-04-07)

handle is hein.gao/gaobaddqa0001 and id is 1 raw text is: 



                             THE  COMPTROLLER GENERAL
DECISION                  )as= THE       UNITED      STATES
                             WASHINGTON. D.C. 20548




FILE:   B-184420                   DATE:   April 7, 1976
        B-185206
MATTER DOF:       Poloron Products, Inc.


DIGEST:

1.  Where contracting officer's determination that offeror was
    nonresponsible under RFP was premised upon basis that
    offeror's proposal was technically unacceptable, it is clear
    that it was being rejected for insufficiency of proposal,
    not for lack of capacity or credit, and therefore nonreferral
    to SBA was proper.

 2. Protester's questioning determination that proposal was
    technically unacceptable on basis that contracting officer
    failed to utilize best technical advisors for evaluation
    is not relevant, since by its own admission in letter dated
    closing date for negotiations it had not provided all material
    necessary to establish production line acceptability.

 3. Determination whether to issue RFP for separate procurement
    while protest is pending under another RFP is matter for
    contracting agency discretion.


    Poloron  Products, Inc. (Poloron), protested the award of a con-
 tract to Etowah Ianufacturing Co. under request for proposals
 (RFP) DAAAO9-75-R-0081, issued by the Army Armament Command
 (ARMCOM), Rock Island, Illinois, for the design, layout, procure-
 ment, installation and trial run of production line facilities
 for the manufacture and assembly of the body assembly metal parts
 for grenades M42/M46.

      The protest has been the subject of several agency reports
 and charges, rebuttals, and comments. However, the essential
 issue presented by all of this material is whether the con-
 tracting officer had to refer to SBA for consideration of the
 issuance of a certificate of competency the determination that
 Poloron, a small business concern, was nonresponsible for award
 of a contract under the RFP. In that connection, the RFP listed


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