B-167418, DEC. 2, 1969

B-167418: Dec 2, 1969

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SHAVER AND HERRING: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED JULY 3. WE HAVE BEEN INFORMALLY ADVISED THAT ON NOVEMBER 17. ARE SMALL BUSINESS CONCERNS FOR PURPOSES OF THE ABOVE PROCUREMENT. SINCE THE AWARD UNDER THE SOLICITATION WAS MADE TO AN ELIGIBLE SMALL BUSINESS CONCERN. OUR OFFICE WILL TAKE NO FURTHER ACTION IN CONNECTION WITH YOUR PROTEST.

B-167418, DEC. 2, 1969

TO LANIER, SHAVER AND HERRING:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED JULY 3, AND SUPPLEMENTAL LETTER DATED JULY 25, 1969, PROTESTING ON BEHALF OF ROYAL SERVICES, INC., THE AWARD MADE TO MAINTENANCE, INCORPORATED UNDER ARMY SOLICITATION FOR BIDS NO. DAAH03-69-B-0141, ISSUED AT REDSTONE ARSENAL, ALABAMA. IN YOUR LETTER OF JULY 25, 1969, YOU REQUESTED THAT WE WITHHOLD OUR DECISION ON THE PROTEST PENDING THE DECISION OF THE SMALL BUSINESS ADMINISTRATION (SBA) SIZE APPEALS BOARD.

WE HAVE BEEN INFORMALLY ADVISED THAT ON NOVEMBER 17, 1969, THE SIZE APPEALS BOARD SUSTAINED THE DECISION OF THE SBA REGIONAL OFFICE THAT MAINTENANCE, INCORPORATED AND INDUSTRIAL MAINTENANCE SERVICES, INC., ARE SMALL BUSINESS CONCERNS FOR PURPOSES OF THE ABOVE PROCUREMENT.

ACCORDINGLY, AND SINCE THE AWARD UNDER THE SOLICITATION WAS MADE TO AN ELIGIBLE SMALL BUSINESS CONCERN, OUR OFFICE WILL TAKE NO FURTHER ACTION IN CONNECTION WITH YOUR PROTEST. SEE 46 COMP. GEN. 102 (1966); 44 ID. 271 (1964); AMERICAN ELECTRIC COMPANY, LTD. V UNITED STATES, 270 F.SUPP. 689 (1967); SPRINGFIELD WHITE CASTLE COMPANY V FOLEY, 230 F.SUPP. 77 (1964).