B-180196(3), JUN 4, 1974

B-180196(3): Jun 4, 1974

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SECRETARY: ENCLOSED IS A COPY OF OUR DECISION IN THE MATTER OF ATKINSON DREDGING COMPANY. WE ARE BRINGING THE MATTER TO YOUR ATTENTION BECAUSE OF OUR CONCLUSION THAT THE PROVISION IMPOSES A SIZE STANDARD DIFFERENT THAN THAT OF THE SBA AND IS AN UNDUE RESTRICTION ON COMPETITION. WE TRUST THAT YOU WILL INSTITUTE APPROPRIATE STEPS TO MODIFY THE ASPR ACCORDINGLY. WE RECOGNIZE THAT THE INTENDED PURPOSE OF THE PROVISION IS A LEGITIMATE INTEREST OF SMALL BUSINESS. BY SEPARATE LETTER OF TODAY WE ARE RAISING THE MATTER WITH THE ADMINISTRATOR.

B-180196(3), JUN 4, 1974

PRECIS-UNAVAILABLE

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION IN THE MATTER OF ATKINSON DREDGING COMPANY, WHEREIN WE CONCLUDE THAT ARMED SERVICES PROCUREMENT REGULATION 1- 701.1(A)(2A., IN ADDITION TO SMALL BUSINESS ADMINISTRATION (SBA) SMALL BUSINESS SIZE STANDARDS, PREDICATES ELIGIBILITY FOR AWARD OF SMALL BUSINESS DREDGING SET-ASIDES UPON THE PERFORMANCE OF 40 PERCENT OF THE ADVERTISED YARDAGE WITH A DREDGE OWNED BY SMALL BUSINESS.

WE ARE BRINGING THE MATTER TO YOUR ATTENTION BECAUSE OF OUR CONCLUSION THAT THE PROVISION IMPOSES A SIZE STANDARD DIFFERENT THAN THAT OF THE SBA AND IS AN UNDUE RESTRICTION ON COMPETITION. WE TRUST THAT YOU WILL INSTITUTE APPROPRIATE STEPS TO MODIFY THE ASPR ACCORDINGLY. PLEASE ADVISE US OF WHATEVER ACTION YOU MAY TAKE.

ADDITIONALLY, WE RECOGNIZE THAT THE INTENDED PURPOSE OF THE PROVISION IS A LEGITIMATE INTEREST OF SMALL BUSINESS. CONSEQUENTLY, BY SEPARATE LETTER OF TODAY WE ARE RAISING THE MATTER WITH THE ADMINISTRATOR, SBA FOR HIS ACTION.