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Protest Based on Low Bidder's Status as Small Business

B-190941 Published: Feb 15, 1978. Publicly Released: Feb 15, 1978.
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Highlights

A protester to a contract award under a small business set-aside asserted that the low bidder was not a small business for purposes of the procurement and that award was improper since it was made before protester's timely filed appeal to the Small Business Administration (SBA) was resolved. The contract may be awarded on the basis of the original SBA size determination since the contracting officer had no knowledge of the appeal, and SBA's determination of size status is exclusively within SBA's jurisdiction and is not for review by GAO.

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