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B-188888 1 (1977-12-12)

handle is hein.gao/gaobadflb0001 and id is 1 raw text is: PII1 THE COMPTROLLER GENERAL WASHINGTON. O.C. 20540 *054 4 DFILE--gggg DATE: December 12, 1977 O) MATTER OF: Department of the Interior--request for advance decision DIGEST: Where otherwise eligible potential offeror cannot obtain certificate of tribal enrollment requested by contracting agency to establish offeror's compliance with solicitation eligibility criterion because (1) Government cannot timely process enrollment appli- cationv under its enrollment procedure, and (2) no other tribal enrollment procedure exists, con- tracting agency should permit offeror to present other information to establish compliance with Indian eligibility criterion. The Department of the Interior requests an advance decision on whether a proposal from AIC ConstruLtion, Inc. (AIC), may be properly considered in respcnse to a request for proposals tRFP) soon to be issued for certain construction services solely from the standpoint of the offeror's demonstration of compliance with the RFP's Buy Indian Act provisions. Interior's request for an advance decision flows from a protest filed here by AIC based on the rejection of AIC's proposal si.bmitted in response to RFP No. BIA-0150-77-2 issued by the Bureau of Indian Affairs for construction of a school in Alakanuk, Alaske. The solic- itation was canceled because the construction season ended before an award could be made, thus rendering the prctest moot. The Bureau plans, however, to resclicit for that requirement du-:ing the coiing construction seaso. end anticipates receiving a proposal from AIC. Tle Bureau believes I-hat a protest on this issue after issuance of the solicitation may result in anuther construction season being lost. In response to AIC's request for inft.;mation concerning solicitation requirements, the Bureau provided a form entitled Statement of Qualifications for Construction Contract under Buy Indian Act. To establish the Indian status of a firm's owners that form required a list of the names of owners, the number of shares owned by each, and certification from the appropriate Bureau office as to Indian descent and tribal enrollment, as provided in the Bureau's 20 BIAM Bulletin 1, dated March 3, 1976. I

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