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Eligibility of Awardee for Small Business Contract

B-187200 Sep 23, 1976
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Highlights

The protester objected to the award of a contract under a 100 percent small business set-aside, alleging that the awardee did not qualifyas a small business for the procurement and lacked the capacity to perform the contract. The protest regarding the small business size status of the awardee was not considered, even though the Small Business Administration (SBA) declined to issue a ruling applicable to the procurement, since SBA had the authority to conclusively determine whether a concern was a small business for the purposes of a particular procurement. The protest by a large business concern that the awardee lacked the capacity to perform the contract was dismissed because the protester was not an interested party.

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