B-179254, NOV 6, 1973
Highlights
WAS ISSUED ON JUNE 1. THE BIDS WERE OPENED ON JUNE 19. WAS AWARDED THE CONTRACT ON JUNE 28. YOUR PROTEST TO THE CONTRACTING OFFICER WAS FORWARDED TO THE SMALL BUSINESS ADMINISTRATION (SBA). THE SBA SENT THE CONTRACTING OFFICER ITS DETERMINATION THAT LAYNE-NEW YORK WAS A SMALL BUSINESS. NOTICE TO PROCEED WITH PERFORMANCE WAS MAILED TO LAYNE NEW YORK. YOU ALLEGE THAT LAYNE-NEW YORK IS A SUBSIDIARY OF THE LAYNE COMPANY. IS NOT A SMALL BUSINESS. IS NOT ELIGIBLE FOR AWARD. A DECISION OF THE SBA REGARDING THE SIZE STATUS OF A PARTICULAR CONCERN IS CONCLUSIVE UPON THE PROCUREMENT AGENCY INVOLVED. 46 COMP. SINCE WE MUST ACCEPT SBA'S DETERMINATION THAT LAYNE-NEW YORK IS A SMALL BUSINESS CONCERN FOR THE PURPOSES OF THIS PROCUREMENT.
B-179254, NOV 6, 1973
DENIAL OF PROTEST AGAINST THE AWARD OF A CONTRACT TO THE LAYNE-NEW YORK COMPANY UNDER INVITATION FOR BIDS NO. DACW59-73-B-0089, ISSUED BY THE CORPS OF ENGINEERS, PITTSBURGH, PENNSYLVANIA.
TO CONTINENTAL DRILLING COMPANY:
WE REFER TO YOUR LETTER OF JULY 18, 1973, PROTESTING AGAINST THE AWARD OF A CONTRACT TO THE LAYNE-NEW YORK COMPANY UNDER INVITATION FOR BIDS (IFB) NO. DACW59-73-B-0089, ISSUED BY THE CORPS OF ENGINEERS, PITTSBURGH DISTRICT, PITTSBURGH, PENNSYLVANIA.
THE IFB, A 100 PERCENT SMALL BUSINESS SET-ASIDE, WAS ISSUED ON JUNE 1, 1973. THE BIDS WERE OPENED ON JUNE 19, 1973. LAYNE-NEW YORK, THE APPARENT LOW BIDDER, WAS AWARDED THE CONTRACT ON JUNE 28, 1973.
PRIOR TO AWARD, BY LETTER DATED JUNE 22, 1973, YOU NOTIFIED THE CONTRACTING OFFICER THAT "WE FULLY BELIEVE THE GROSS SALES OF LAYNE-NEW YORK, INCLUDING ITS AFFILIATES, TO BE IN EXCESS OF THE SET LIMITATIONS THAT DEFINE A SMALL BUSINESS CONCERN." YOUR PROTEST TO THE CONTRACTING OFFICER WAS FORWARDED TO THE SMALL BUSINESS ADMINISTRATION (SBA), PITTSBURGH DISTRICT OFFICE, PURSUANT TO ASPR 1-703(B)(1)(6). BY LETTER DATED JULY 12, 1973, THE SBA SENT THE CONTRACTING OFFICER ITS DETERMINATION THAT LAYNE-NEW YORK WAS A SMALL BUSINESS. THEREAFTER, ON JULY 13, 1973, NOTICE TO PROCEED WITH PERFORMANCE WAS MAILED TO LAYNE NEW YORK.
BASICALLY, YOU ALLEGE THAT LAYNE-NEW YORK IS A SUBSIDIARY OF THE LAYNE COMPANY, IS NOT A SMALL BUSINESS, AND THEREFORE, IS NOT ELIGIBLE FOR AWARD.
UNDER 15 U.S.C. 637(B)(6), A DECISION OF THE SBA REGARDING THE SIZE STATUS OF A PARTICULAR CONCERN IS CONCLUSIVE UPON THE PROCUREMENT AGENCY INVOLVED. 46 COMP. GEN. 898 (1967). FURTHERMORE, NEITHER OUR OFFICE NOR ANY EXECUTIVE AGENCY OF THE GOVERNMENT MAY IGNORE A DETERMINATION BY SBA AS TO THE SIZE STATUS OF A PARTICULAR CONCERN. B 173634, DECEMBER 29, 1971.
SINCE WE MUST ACCEPT SBA'S DETERMINATION THAT LAYNE-NEW YORK IS A SMALL BUSINESS CONCERN FOR THE PURPOSES OF THIS PROCUREMENT, YOUR PROTEST IS DENIED.