B-144871, FEB. 2, 1961

B-144871: Feb 2, 1961

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

INC.: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 19. YOU STATE THAT YOUR BID WAS REJECTED SOLELY BECAUSE OF YOUR ASSOCIATION WITH T. WHICH YOU STATE IS CLASSIFIED AS LARGE BUSINESS. WE HAVE BEEN INFORMALLY ADVISED BY THE DEPARTMENT OF THE ARMY THAT THE GOVERNMENT CONSTRUCTION PROCUREMENT IN QUESTION WAS A SMALL BUSINESS SET- ASIDE. SMALL BUSINESS SET-ASIDES OF THIS TYPE ARE AUTHORIZED PURSUANT TO SECTION 2 (A) OF THE SMALL BUSINESS ACT. WE HAVE ALSO BEEN ADVISED BY THE DEPARTMENT OF THE ARMY AND THE SMALL BUSINESS ADMINISTRATION THAT THE LATTER AGENCY HAD DETERMINED THAT YOUR FIRM DOES NOT QUALIFY AS A SMALL BUSINESS CONCERN WITH RESPECT TO THE SUBJECT PROCUREMENT. SUCH A DETERMINATION BY THE SMALL BUSINESS ADMINISTRATION IS CONCLUSIVE ON THE PROCUREMENT AGENCIES OF THE GOVERNMENT PURSUANT TO SECTION 8 (B) (6) OF THE SMALL BUSINESS ACT.

B-144871, FEB. 2, 1961

ATLAS CONSTRUCTION CO., INC.:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 19, 1961, PROTESTING AGAINST THE REJECTION OF YOUR LOW BID UNDER INVITATION NO. CIVENG-22- 052-61-17, ISSUED BY THE DISTRICT ENGINEER, U.S. ARMY ENGINEERS OFFICE, VICKSBURG, MISSISSIPPI. YOU STATE THAT YOUR BID WAS REJECTED SOLELY BECAUSE OF YOUR ASSOCIATION WITH T. L. JAMES AND COMPANY, INC., WHICH YOU STATE IS CLASSIFIED AS LARGE BUSINESS.

WE HAVE BEEN INFORMALLY ADVISED BY THE DEPARTMENT OF THE ARMY THAT THE GOVERNMENT CONSTRUCTION PROCUREMENT IN QUESTION WAS A SMALL BUSINESS SET- ASIDE. SMALL BUSINESS SET-ASIDES OF THIS TYPE ARE AUTHORIZED PURSUANT TO SECTION 2 (A) OF THE SMALL BUSINESS ACT, 15 U.S.C. 631 (A). SEE 38 COMP. GEN. 326.

WE HAVE ALSO BEEN ADVISED BY THE DEPARTMENT OF THE ARMY AND THE SMALL BUSINESS ADMINISTRATION THAT THE LATTER AGENCY HAD DETERMINED THAT YOUR FIRM DOES NOT QUALIFY AS A SMALL BUSINESS CONCERN WITH RESPECT TO THE SUBJECT PROCUREMENT. SUCH A DETERMINATION BY THE SMALL BUSINESS ADMINISTRATION IS CONCLUSIVE ON THE PROCUREMENT AGENCIES OF THE GOVERNMENT PURSUANT TO SECTION 8 (B) (6) OF THE SMALL BUSINESS ACT, 15 U.S.C. 637 (B) (6). THEREFORE, ANY PROTEST OR APPEAL FROM THE DETERMINATION MADE BY THE SMALL BUSINESS ADMINISTRATION AS TO YOUR STATUS AS A SMALL BUSINESS SHOULD BE ADDRESSED TO THAT ADMINISTRATION.