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B-272163 1 (1996-09-05)

handle is hein.gao/gaocrptaehu0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: South Texas Turbine Supply File: B-272163 Date: September 5, 1996 Cynthia S. Emerson, Esq., for the protester. Jean V. Zurface, Esq., Defense Logistics Agency, for the agency. Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Since the requirement to reject the bid of a contractor proposed for debarment at the time of bid opening--notwithstanding the fact that the proposed debarment is lifted prior to award--extends to any of that contractor's affiliates, a contracting agency may not award a contract to a firm alleged to be an affiliate of such a contractor unless it has determined that the firms are not affiliated. DECISION South Texas Turbine Supply protests the proposed award of a contract to Sierra Sales Corporation under the invitation for bids covering Sale No. 31-6317, issued by the Defense Logistics Agency's Defense Reutilization and Marketing Service (DRMS).1 South Texas principally argues that Sierra is affiliated with a firm that was proposed for debarment at the time of bid opening, and consequently is ineligible for award. We sustain the protest. The solicitation sought bids to purchase more than 300 line items of assorted electrical, electronic, and aircraft parts that are no longer needed by the government. The solicitation incorporated the agency's Sale by Reference pamphlet, which states that award will be made to the responsible bidder whose conforming bid is most advantageous to the government, price and other factors considered. The only factor to be considered under this solicitation, however, is 1We consider this nonstatutory protest under 4 C.F.R. § 21.13 (1996). By letter dated January 13, 1987, the agency agreed to our considering bid protests involving its surplus property sales. Resource Recovery Int'l Group, Inc., B-265880, Dec. 19, 1995, 95-2 CPD 277. 60395

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