B-154014, JUL. 13, 1964

B-154014: Jul 13, 1964

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SMITH: REFERENCE IS MADE TO YOUR TELEGRAM OF APRIL 22. THE REQUIREMENTS COVERED BY THIS INVITATION WERE SET ASIDE FOR SMALL BUSINESS FIRM PARTICIPATION UNDER THE SMALL BUSINESS ACT. THE LOS ANGELES REGIONAL OFFICE OF THE SMALL BUSINESS ADMINISTRATION (SBA) DETERMINED THAT THE JOINT VENTURE WAS NOT A SMALL BUSINESS CONCERN. THIS DETERMINATION WAS APPEALED TO AND REVIEWED BY THE SBA SIZE STANDARDS DIVISION AND THE SBA SIZE APPEALS BOARD. SINCE THE SBA SIZE DETERMINATION DECISION IS MADE CONCLUSIVE BY LAW. WE MUST RULE THAT THE JOINT VENTURE WAS NOT ELIGIBLE FOR AWARD.

B-154014, JUL. 13, 1964

TO MR. RICHARD W. SMITH:

REFERENCE IS MADE TO YOUR TELEGRAM OF APRIL 22, 1964, AND TO LETTERS OF APRIL 27 AND MAY 11 AND 14, 1964, PROTESTING AGAINST THE AWARD OF A CONTRACT UNDER AIR FORCE INVITATION IFB 34-601-64-239 TO ANY OTHER BIDDER THAN THE JOINT VENTURE OF GILBERT AND DOLAN ENTERPRISES, INC., AND OLSON CONSTRUCTION COMPANY.

THE REQUIREMENTS COVERED BY THIS INVITATION WERE SET ASIDE FOR SMALL BUSINESS FIRM PARTICIPATION UNDER THE SMALL BUSINESS ACT.

ON MARCH 31, 1964, THE LOS ANGELES REGIONAL OFFICE OF THE SMALL BUSINESS ADMINISTRATION (SBA) DETERMINED THAT THE JOINT VENTURE WAS NOT A SMALL BUSINESS CONCERN. THIS DETERMINATION WAS APPEALED TO AND REVIEWED BY THE SBA SIZE STANDARDS DIVISION AND THE SBA SIZE APPEALS BOARD, BOTH OF WHICH SUSTAINED ON APRIL 24 AND MAY 11, RESPECTIVELY, THE ORIGINAL DETERMINATION.

THE SMALL BUSINESS ACT, 15 U.S.C. 637 (B) (6), MAKES THE DETERMINATION CONCLUSIVE AS TO WHAT FIRMS SHALL BE CONSIDERED SMALL BUSINESS. SINCE THE SBA SIZE DETERMINATION DECISION IS MADE CONCLUSIVE BY LAW, WE MUST RULE THAT THE JOINT VENTURE WAS NOT ELIGIBLE FOR AWARD. B-154087, MAY 26, 1964; B-152925, FEBRUARY 24, 1964; AND B-149105, JULY 13, 1962.