B-167223, DEC. 21, 1970

B-167223: Dec 21, 1970

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WAS NOT A SMALL BUSINESS CONCERN. A COPY OF WHICH IS ENCLOSED FOR READY REFERENCE. WE HAVE REVIEWED YOUR LETTER AND WE DO NOT CONSIDER THAT THE SMALL BUSINESS ADMINISTRATION (SBA) SIZE APPEALS BOARD'S SEPTEMBER 3. DETERMINATION THAT YOUR FIRM WAS NOT A SMALL BUSINESS CONCERN AT THE DATE OF BID OPENING CONSTITUTES A BASIS FOR DISTURBING THE CONTRACT AWARD IN THIS CASE. DETERMINATION THAT YOUR FIRM WAS NOT A SMALL BUSINESS AT THE DATE OF BID OPENING. YOUR REQUEST IS DENIED.

B-167223, DEC. 21, 1970

SMALL BUSINESS ADMINISTRATION - SIZE APPEAL LETTER ADVISING THAT THE REVERSAL BY SBA SIZE APPEALS BOARD OF ITS DETERMINATION THAT PHIPPS & BECKER, INC. WAS NOT A SMALL BUSINESS CONCERN, DOES NOT CONSTITUTE A BASIS FOR DISTURBING THE CONTRACT AWARD.

TO PHIPPS AND BECKER, INC.:

WE REFER TO YOUR LETTER OF OCTOBER 20, 1970, REQUESTING RECONSIDERATION OF OUR DECISION B-167223, SEPTEMBER 4, 1969, A COPY OF WHICH IS ENCLOSED FOR READY REFERENCE.

WE HAVE REVIEWED YOUR LETTER AND WE DO NOT CONSIDER THAT THE SMALL BUSINESS ADMINISTRATION (SBA) SIZE APPEALS BOARD'S SEPTEMBER 3, 1969, REVERSAL, ON RECONSIDERATION, OF ITS JULY 1, 1969, DETERMINATION THAT YOUR FIRM WAS NOT A SMALL BUSINESS CONCERN AT THE DATE OF BID OPENING CONSTITUTES A BASIS FOR DISTURBING THE CONTRACT AWARD IN THIS CASE. THIS REGARD, IT SHOULD BE NOTED THAT THE CONTRACTING OFFICER COULD PROPERLY RELY ON THE SBA'S LOS ANGELES REGIONAL OFFICE'S JUNE 19, 1969, DETERMINATION THAT YOUR FIRM WAS NOT A SMALL BUSINESS AT THE DATE OF BID OPENING. SEE MID-WEST CONSTRUCTION, LTD. V UNITED STATES, 387 F. 2D 957 (CT. CL. 1967); 49 COMP. GEN. 369 (B-167353, DECEMBER 4, 1969), COPY ENCLOSED.

ACCORDINGLY, YOUR REQUEST IS DENIED.