B-155596, DEC. 14, 1964

B-155596: Dec 14, 1964

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ENCLOSED WITH YOUR LETTER OF NOVEMBER 13 WAS A COPY OF A COMMUNICATION TO THE SMALL BUSINESS ADMINISTRATION IN WHICH YOU REQUESTED THAT AGENCY TO RECONSIDER A SIZE APPEALS BOARD DECISION OF NOVEMBER 6. IN THE EVENT THE DECISION WAS NOT REVERSED YOU WERE THEN REQUESTING A FULL FIELD INVESTIGATION OF THAT COMPANY'S ACTIVITIES AND OF ITS AFFILIATION WITH T. WE HAVE BEEN ADVISED INFORMALLY THAT THE SMALL BUSINESS ADMINISTRATION HAS NOT YET ACTED UPON YOUR REQUEST FOR RECONSIDERATION OF ITS DECISION OF NOVEMBER 6. THE PROVISIONS OF 15 U.S.C. 637 (B) (6) EMPOWER AND REQUIRE THE SMALL BUSINESS ADMINISTRATION TO DETERMINE WHICH BUSINESS ENTERPRISES ARE TO BE DESIGNATED AS SMALL BUSINESS CONCERNS.

B-155596, DEC. 14, 1964

TO FISCHER, WOOD, BURNEY AND NESBITT, ATTORNEYS AT LAW:

WE REFER TO YOUR LETTER OF NOVEMBER 13, 1964, AND SUPPLEMENTAL LETTER OF NOVEMBER 25, 1964, WITH ENCLOSURES, AS ATTORNEYS FOR GARRETT CONSTRUCTION COMPANY, CORPUS CHRISTI, TEXAS, CONCERNING CERTAIN STATEMENTS AND BUSINESS PRACTICES OF SABINE DREDGING AND CONSTRUCTION COMPANY, INC., PORT ARTHUR, TEXAS, IN CONNECTION WITH INVITATION FOR BIDS NO. CIVENG-41-243-65-11 (SET ASIDE FOR EXCLUSIVE PARTICIPATION OF SMALL BUSINESS CONCERNS) AND THE CONTRACT AWARDED THEREUNDER TO THAT FIRM. ENCLOSED WITH YOUR LETTER OF NOVEMBER 13 WAS A COPY OF A COMMUNICATION TO THE SMALL BUSINESS ADMINISTRATION IN WHICH YOU REQUESTED THAT AGENCY TO RECONSIDER A SIZE APPEALS BOARD DECISION OF NOVEMBER 6, 1964, AS TO THE SIZE STATUS OF SABINE DREDGING AND CONSTRUCTION COMPANY. IN THE EVENT THE DECISION WAS NOT REVERSED YOU WERE THEN REQUESTING A FULL FIELD INVESTIGATION OF THAT COMPANY'S ACTIVITIES AND OF ITS AFFILIATION WITH T. L. JAMES AND CO., INC.

WE HAVE BEEN ADVISED INFORMALLY THAT THE SMALL BUSINESS ADMINISTRATION HAS NOT YET ACTED UPON YOUR REQUEST FOR RECONSIDERATION OF ITS DECISION OF NOVEMBER 6. THE PROVISIONS OF 15 U.S.C. 637 (B) (6) EMPOWER AND REQUIRE THE SMALL BUSINESS ADMINISTRATION TO DETERMINE WHICH BUSINESS ENTERPRISES ARE TO BE DESIGNATED AS SMALL BUSINESS CONCERNS, AND ITS DETERMINATIONS IN THESE MATTERS ARE CONCLUSIVE. SPECIFICALLY, THAT SECTION PROVIDES THAT "OFFICES OF THE GOVERNMENT * * * SHALL ACCEPT AS CONCLUSIVE THE ADMINISTRATION'S DETERMINATION AS TO WHICH ENTERPRISES ARE TO BE DESIGNATED "SMALL-BUSINESS CONCERNS" * * *.'

SINCE THE MATTER OF YOUR COMPLAINT IS PROPERLY BEFORE THE AGENCY TO WHICH THE CONGRESS HAS GIVEN JURISDICTION TO MAKE A CONCLUSIVE DETERMINATION, THERE APPEARS TO BE NO BASIS FOR ANY ACTION BY THIS OFFICE.