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B-190279 1 (1977-05-12)

handle is hein.gao/gaobadgat0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OF THE UNITED STATES 41/' WASHINGTON. D.C. 20rP46 FILE: B-190279 DATE: My 12, 1'78 MATTER OF: Practical Corcepts, Inc. DIGEST: Piotest that solicitation selection criteria excluded subcontractor's qualifications as an element to be evaluated is denied. Solicita- tion when read as a whole indicates that sub- contractor participation was permitted and would be considered in evaluating the techni- c& proposal. Practical Concepts, Inc. (PCI) has protested the award of a contra; to The Futures Group (Futures) under the Department of State, Agency for International Devel- opement's (AID) solicitation No. AID/pha - 50086. PCI's protest is that, although the procurement was set aside exclusively for small businesses, AID's allowing Futurs to subcontract with General Electric - Tempo (G.E.) hAs the practical effect of awarding the contract to a large business, G.E. PCI insists that the basis of its protest does not involve matters within the Small Business Administra- tion's (SBA) jurisdiction. That is, PCI states it is not raising the issue of whether Futures, a small busi- ness, can or will perform a significant portion of the contract for services, because that would involve a matter within SBA's jurisdiction (47 Comp. Gen. 360 (1968)). Nor is PCI alleging that there is an affilia- tion between G.E. and Futures which would be cognizable under the size appeal procedures set out in the Federal Procurement Regulation (FPR) 41 C.F.R. 5 1-1.703-2 (1977). Rather, the thrust of PCI's contention is that the solicitation set forth certain minimum experience and qualification requirements of the prospective con- tractor (as opposed to any subcontractors) which Futures had to meet with its own personnel. According to PCI, and there is no dispute on this point, Futures qualifi- cations alone are insufficient, without also considering II A I.

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