B-136086, JUN. 26, 1958

B-136086: Jun 26, 1958

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INC.: REFERENCE IS MADE TO YOUR PROTEST AGAINST THE AWARD OF TOTAL-SET ASIDE CONTRACTS FOR SMALL BUSINESS FIRMS UNDER INVITATIONS TO BID NOS. 694 AND 743 UNTIL THE SMALL BUSINESS ADMINISTRATION DETERMINES WHETHER YOU ARE SMALL BUSINESS. WE ARE ADVISED THAT BY LETTER DATED MAY 22. THE SMALL BUSINESS ADMINISTRATION DENIED YOUR APPEAL OF ITS DETERMINATION THAT YOUR FIRM IS NOT A SMALL BUSINESS. THE OPINION OF THE SMALL BUSINESS ADMINISTRATION WAS BASED ON THE FACT THAT YOUR AFFILIATION WITH CERTAIN ADMITTEDLY LARGE BUSINESS CONCERNS HAS NOT BEEN CLEARLY AND COMPLETELY ABANDONED. THE AUTHORITY TO DETERMINE WHETHER A FIRM IS A SMALL BUSINESS CONCERN IS VESTED IN THE SMALL BUSINESS ADMINISTRATION AND THEIR REFUSAL TO DESIGNATE A CONCERN AS SMALL BUSINESS.

B-136086, JUN. 26, 1958

TO ABE L. GREENBERG CO., INC.:

REFERENCE IS MADE TO YOUR PROTEST AGAINST THE AWARD OF TOTAL-SET ASIDE CONTRACTS FOR SMALL BUSINESS FIRMS UNDER INVITATIONS TO BID NOS. QM/CTM/36 -243-58-648, 658, 664, 694 AND 743 UNTIL THE SMALL BUSINESS ADMINISTRATION DETERMINES WHETHER YOU ARE SMALL BUSINESS.

WE ARE ADVISED THAT BY LETTER DATED MAY 22, 1958, TO YOUR ATTORNEY, THE SMALL BUSINESS ADMINISTRATION DENIED YOUR APPEAL OF ITS DETERMINATION THAT YOUR FIRM IS NOT A SMALL BUSINESS. THE OPINION OF THE SMALL BUSINESS ADMINISTRATION WAS BASED ON THE FACT THAT YOUR AFFILIATION WITH CERTAIN ADMITTEDLY LARGE BUSINESS CONCERNS HAS NOT BEEN CLEARLY AND COMPLETELY ABANDONED.

THE AUTHORITY TO DETERMINE WHETHER A FIRM IS A SMALL BUSINESS CONCERN IS VESTED IN THE SMALL BUSINESS ADMINISTRATION AND THEIR REFUSAL TO DESIGNATE A CONCERN AS SMALL BUSINESS, WHETHER BELIEVED TO BE RIGHT OR WRONG, HAS TO BE ACCEPTED BY THE CONTRACTING AGENCY. 35 COMP. GEN. 233.

SINCE THE SMALL BUSINESS ADMINISTRATION HAS REFUSED TO CERTIFY YOU AS A SMALL BUSINESS CONCERN, NO BASIS EXISTS FOR OUR OFFICE TO OBJECT TO THE REJECTION OF YOUR BIDS BY THE PROCURING ACTIVITY.