B-152297, NOV. 7, 1963

B-152297: Nov 7, 1963

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TO SPRINGFIELD WHITE CASTLE COMPANY: WE HAVE RECEIVED YOUR LETTER MEMORANDUM OF OCTOBER 11. PROTESTING A FINAL DECISION BY THE ADMINISTRATOR OF THE SMALL BUSINESS ADMINISTRATION (SBA) WHICH CONFIRMED THE SMALL BUSINESS SIZE APPEALS BOARD'S DETERMINATION THAT YOUR FIRM IS NOT SMALL BUSINESS FOR PURPOSES OF BIDDING ON GOVERNMENT CONTRACTS FOR CUSTODIAL SERVICES. WE ARE SENDING A COPY OF YOUR MEMORANDUM TO THE SMALL BUSINESS ADMINISTRATION FOR ITS CONSIDERATION. IN YOUR LETTER YOU ALSO REFER TO TWO CONTRACTS ON WHICH YOU WERE THE LOW BIDDER. WHICH ALLEGEDLY WOULD HAVE BEEN AWARDED TO YOU EXCEPT FOR THE ADMINISTRATOR'S DECISION. WE UNDERSTAND THAT ONE OF THESE CONTRACTS WAS AWARDED TO RICE CLEANING SERVICE UNDER INVITATION FOR BIDS NO.

B-152297, NOV. 7, 1963

TO SPRINGFIELD WHITE CASTLE COMPANY:

WE HAVE RECEIVED YOUR LETTER MEMORANDUM OF OCTOBER 11, 1963, PROTESTING A FINAL DECISION BY THE ADMINISTRATOR OF THE SMALL BUSINESS ADMINISTRATION (SBA) WHICH CONFIRMED THE SMALL BUSINESS SIZE APPEALS BOARD'S DETERMINATION THAT YOUR FIRM IS NOT SMALL BUSINESS FOR PURPOSES OF BIDDING ON GOVERNMENT CONTRACTS FOR CUSTODIAL SERVICES. YOU CONTEND THAT THIS DECISION RESULTED EITHER---

"* * * (1) FROM BAD FAITH IN THIS SIZE DETERMINATION OR (2) FROM A MISCONSTRUCTION OF THE LAW GOVERNING THE UNCONTROVERTED FACTS OF THIS CASE. * * *"

PLEASE BE ADVISED THAT IN OUR VIEW YOUR MEMORANDUM CONTAINS NO EVIDENCE OF BAD FAITH, AND IN THE ABSENCE OF SUCH EVIDENCE, OUR OFFICE MUST REGARD THE DECISION OF THE ADMINISTRATOR AS FINAL AND CONCLUSIVE. SEE SECTIONS 212 AND 213 OF THE SMALL BUSINESS ACT OF 1953, 67 STAT. 238, AS AMENDED BY SECTIONS 7 (A) AND 8 OF PUBLIC LAW 268, APPROVED AUGUST 9, 1955, 69 STAT. 550; SEE, ALSO, 15 U.S.C. 637 (B) (6). THEREFORE, WE ARE SENDING A COPY OF YOUR MEMORANDUM TO THE SMALL BUSINESS ADMINISTRATION FOR ITS CONSIDERATION.

IN YOUR LETTER YOU ALSO REFER TO TWO CONTRACTS ON WHICH YOU WERE THE LOW BIDDER, AND WHICH ALLEGEDLY WOULD HAVE BEEN AWARDED TO YOU EXCEPT FOR THE ADMINISTRATOR'S DECISION. WE UNDERSTAND THAT ONE OF THESE CONTRACTS WAS AWARDED TO RICE CLEANING SERVICE UNDER INVITATION FOR BIDS NO. DA-15-056- 63-89, ISSUED AT FORT CAMPBELL, KENTUCKY. IN REGARD TO THAT CONTRACT, WE ENCLOSE OUR DECISION OF TODAY TO THE SECRETARY OF THE ARMY.