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B-224669, SEP 24, 1986

B-224669 Sep 24, 1986
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CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - PRIOR TO RESOLUTION OF SIZE PROTEST DIGEST: A PROTEST AGAINST ANY CONTRACT AWARD UNTIL PROTESTER'S APPEAL TO THE SMALL BUSINESS ADMINISTRATION (SBA) FROM A SBA SIZE DETERMINATION HAS BEEN DECIDED IS DISMISSED SINCE THE CONTRACTING OFFICER IS NOT REQUIRED TO DELAY THE AWARD SUCH AN APPEAL HAS BEEN FILED. WILLCAN CONTENDS THAT IT IS THE LOW RESPONSIBLE BIDDER AND THAT THE ARMY COULD SAVE A SUBSTANTIAL SUM OF IT WITHHELD AWARD UNTIL RECEIPT OF THE SBA'S DECISION. WHEN A SIZE STATUS PROTESTS IS FILED WITH AN SBA REGIONAL OFFICE. THERE IS NO REQUIREMENT THAT A CONTRACTING OFFICER WITHHOLD A CONTRACT AWARD UNTIL THE SBA RENDERS A DECISION ON AN APPEAL FROM A SBA REGIONAL OFFICE SIZE DETERMINATION.

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B-224669, SEP 24, 1986

CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - PRIOR TO RESOLUTION OF SIZE PROTEST DIGEST: A PROTEST AGAINST ANY CONTRACT AWARD UNTIL PROTESTER'S APPEAL TO THE SMALL BUSINESS ADMINISTRATION (SBA) FROM A SBA SIZE DETERMINATION HAS BEEN DECIDED IS DISMISSED SINCE THE CONTRACTING OFFICER IS NOT REQUIRED TO DELAY THE AWARD SUCH AN APPEAL HAS BEEN FILED.

WILLCAN ENTERPRISES, INC.:

WILLCAN ENTERPRISES, INC., PROTESTS AWARD OF ANY CONTRACT UNDER INVITATION FOR BIDS (IFB) NO. DAHC44-86-B-0019, ISSUED BY THE DEPARTMENT OF THE ARMY, UNTIL THE SMALL BUSINESS ADMINISTRATION (SBA) RENDERS A DECISION ON WILLCAN'S APPEAL FROM AN "UNJUST" SBA SIZE DETERMINATION THAT PRECLUDES AWARD TO IT. WILLCAN CONTENDS THAT IT IS THE LOW RESPONSIBLE BIDDER AND THAT THE ARMY COULD SAVE A SUBSTANTIAL SUM OF IT WITHHELD AWARD UNTIL RECEIPT OF THE SBA'S DECISION.

UNDER THE FEDERAL ACQUISITION REGULATION (FAR), 48 C.F.R. SEC. 19.302(H)(1) (1985), WHEN A SIZE STATUS PROTESTS IS FILED WITH AN SBA REGIONAL OFFICE, A CONTRACTING OFFICER MUST WITHHOLD AWARD FOR 10 BUSINESS DAYS OR UNTIL THE SBA HAS MADE ITS DECISION, WHICHEVER OCCURS FIRST. HOWEVER, THERE IS NO REQUIREMENT THAT A CONTRACTING OFFICER WITHHOLD A CONTRACT AWARD UNTIL THE SBA RENDERS A DECISION ON AN APPEAL FROM A SBA REGIONAL OFFICE SIZE DETERMINATION. JENSEN CORP., B-220770 ET AL., OCT. 21, 1985, 85-2 CPD PARA. 434. MOREOVER, A SBA RULING ON THE APPEAL DOES NOT AFFECT THE AWARD OF A CONTRACT IF IT IS RECEIVED BY THE CONTRACTING OFFICER AFTER AWARD. FAR SEC. 19.302(I) (FAR 84-12, JAN. 20, 1986.)

THE PROTEST IS DISMISSED.

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