About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-278479 1 (1997-12-10)

handle is hein.gao/gaocrptagfg0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Fluid Power International, Inc. File: B-278479 Date: December 10, 1997 Elizabeth S. Phelps for the protester. Richard N. Wolf, Esq., and Shawn T. Gallagher, Esq., National Aeronautics & Space Administration, for the agency. Adam Vodraska, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's quote under a small business-small purchase set-aside was properly rejected where it did not offer the product of a small business as required by the nonmanufacturer rule applicable to this solicitation. DECISION Fluid Power International, Inc., (FPI) protests the actions of the National Aeronautics and Space Administration (NASA) with regard to request for quotations (RFQ) No. 1-067-GGI.2049 for an in-line filter assembly to be installed in a wind tunnel at NASA's Langley Research Center. We dismiss the protest. Under the simplified acquisition procedures being used here, an acquisition of supplies that has an anticipated dollar value exceeding $2,500 and not exceeding $100,000, as anticipated here, is reserved exclusively for small business concerns in accordance with the set-aside procedures of Federal Acquisition Regulation (FAR) subpart 19.5. FAR § 13.105(a). The RFQ, pursuant to FAR § 19.508(c), incorporated the required Notice of Total Small Business Set-Aside, FAR § 52.219-6, which provides that, for a small business set-aside, a small business concern submitting an offer in its own name agrees to furnish, in performing the contract, only end items manufactured or produced by itself or other domestic small business concerns; this requirement is known as the nonmanufacturer rule. FAR §§ 19.001, 19.102(f)(1). The nonmanufacturer rule may be waived where the acquisition is for a product in a class for which the Small Business Administration (SBA) has determined that there are no small business manufacturers in the Federal market, FAR § 19.102(f)(4), or where, for a specific acquisition, the contracting officer determines that there are no known domestic small business manufacturers that

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most