B-180705, MAR 28, 1974

B-180705: Mar 28, 1974

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BIDDER'S ALLEGATION THAT CERTAIN BIDDERS ARE NOT SMALL BUSINESSES UNDER TOTAL SMALL BUSINESS SET-ASIDE IN QUESTION IS MATTER FOR CONSIDERATION BY SMALL BUSINESS ADMINISTRATION. WAS ISSUED BY THE DEPARTMENT OF THE AIR FORCE FOR REFUSE COLLECTION AND DISPOSAL SERVICES AT LACKLAND AIR FORCE BASE. RAS ALLEGES THAT INDUSTRIAL IS NOT A SMALL BUSINESS. IT IS THE DUTY OF SBA. TO DETERMINE WHETHER A CONCERN IS SMALL BUSINESS FOR PURPOSES OF A PARTICULAR PROCUREMENT. SINCE THE SIZE PROTEST IS FOR SBA'S CONSIDERATION. WE ARE CLOSING OUR FILE WITHOUT FURTHER ACTION.

B-180705, MAR 28, 1974

BIDDER'S ALLEGATION THAT CERTAIN BIDDERS ARE NOT SMALL BUSINESSES UNDER TOTAL SMALL BUSINESS SET-ASIDE IN QUESTION IS MATTER FOR CONSIDERATION BY SMALL BUSINESS ADMINISTRATION, RATHER THAN GAO, UNDER 15 U.S.C. 637(B)(6).

TO RAS SANITATION, INC.:

IFB 41615-74-09060, A TOTAL SMALL BUSINESS SET-ASIDE, WAS ISSUED BY THE DEPARTMENT OF THE AIR FORCE FOR REFUSE COLLECTION AND DISPOSAL SERVICES AT LACKLAND AIR FORCE BASE, TEXAS.

RAS SANITATION, INC. (RAS), STATES THAT INDUSTRIAL DISPOSAL, INC. (INDUSTRIAL), MOORE INDUSTRIAL DISPOSAL, INC. (MOORE), AND RAS SUBMITTED BIDS FOR THE REQUIREMENT BY THE TIME OF BID OPENING ON FEBRUARY 14, 1974.

RAS ALLEGES THAT INDUSTRIAL IS NOT A SMALL BUSINESS, AND THAT MOORE DOES NOT QUALIFY AS A SMALL BUSINESS CONCERN BECAUSE IT INTENDS TO SUBCONTRACT ANY AWARD TO INDUSTRIAL. RAS' CORRESPONDENCE ALSO SHOWS THAT IT RAISED THESE QUESTIONS WITH THE PROCUREMENT ACTIVITY AND THE SAN ANTONIO OFFICE OF THE SMALL BUSINESS ADMINISTRATION (SBA).

UNDER 15 U.S.C. 637(B)(6), IT IS THE DUTY OF SBA, RATHER THAN GAO, TO DETERMINE WHETHER A CONCERN IS SMALL BUSINESS FOR PURPOSES OF A PARTICULAR PROCUREMENT. THE CITED PROVISION ALSO MAKES SBA'S DETERMINATION CONCLUSIVE UPON THE PROCUREMENT AGENCY INVOLVED.

SINCE THE SIZE PROTEST IS FOR SBA'S CONSIDERATION, WE ARE CLOSING OUR FILE WITHOUT FURTHER ACTION.