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B-271829 1 (1996-07-26)

handle is hein.gao/gaocrptaegj0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: A. Hirsh, Inc. File: B-271829 Date: July 26, 1996 Michael S. Lubline, Esq., for the protester. C. Joseph Carroll, Esq., Department of Justice, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly withdrew the small business set-aside of two contract line items (CLIN) set forth in an invitation for bids for horsetail and tampico fiber where the lowest bid for these CLINs submitted by an eligible small business exceeded the bid of an ineligible bidder by 34.5 and 48.8 percent. DECISION A. Hirsh, Inc. protests the withdrawal of the small business set-aside applicable to contract line item (CLIN) Nos. 0002 and 0004 in invitation for bids (IFB) No. 1PI-B- 1607-95, issued by Federal Prison Industries, Department of Justice, for horsetail and tampico fiber for use in the manufacture of paint brushes and push brooms. Hirsh, a small business concern, contends that the agency improperly determined that the prices submitted by Hirsh for these CLINs were unreasonably high. We deny the protest. The IFB provided for the award of firm, fixed-price requirements contracts to the bidder or bidders submitting the low, responsive, responsible bids for each of the IFB's six CLINs. CLINs 0002, 0004, 0005, and 0006 were set aside for small businesses, while CLINs 0001 and 0003, which were for the identical products and estimated quantities as CLINs 0002 and 0004, respectively, were unrestricted. The agency received four bids in response to the IFB. Hirsh bid a price of $5.03 per pound for CLINs 0001 and 0002, $3.60 per pound for CLINs 0003 and 0004, and $1.54 per pound for CLINs 0005 and 0006. MFC bid a price of $3.74 per pound for CLINs 0001 and 0002, $2.42 per pound for CLINs 0003 and 0004, and $1.69 per pound for CLINs 0005 and 0006. One of the other bidders submitted prices for only CLINs 0005 and 0006, and the other bidder, whose bid was determined nonresponsive, submitted prices for only CLINs 0001 through 0004. 90272

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