B-179737, NOV 28, 1973
Highlights
WHICH WAS SMALL BUSINESS SET-ASIDE AND LOW BIDDER IS ALLEGED BY PROTESTANT TO BE OTHER THAN SMALL. IS DENIED AS OUR OFFICE IS ADVISED BY FOREST SERVICE THAT MATTER HAS BEEN REFERRED TO SBA FOR SIZE DETERMINATION AND DETERMINATION OF SBA IS CONCLUSIVE ON OUR OFFICE. JENSEN AND MCATEER: THIS IS IN REPLY TO YOUR LETTER OF OCTOBER 2. THE PROTEST IS BASED ON THE ALLEGATION THAT CAFFALL IS A LARGE BUSINESS AND THEREFORE INELIGIBLE FOR AWARD UNDER THE "PEACE" SALE WHICH WAS A SMALL BUSINESS SET-ASIDE. ENCLOSED IS A COPY OF A LETTER DATED OCTOBER 5. IT IS APPARENT THAT AS A RESULT OF YOUR PROTEST AGAINST THE SIZE STATUS OF CAFFALL. THE LETTER INDICATES FURTHER THAT AWARD IS BEING WITHHELD PENDING THE DECISION OF SBA AND THAT IF THE SBA DETERMINES CAFFALL TO BE A SMALL BUSINESS.
B-179737, NOV 28, 1973
PROTEST AGAINST PROPOSED AWARD OF CONTRACT RESULTING FROM TIMBER SALE, WHICH WAS SMALL BUSINESS SET-ASIDE AND LOW BIDDER IS ALLEGED BY PROTESTANT TO BE OTHER THAN SMALL, IS DENIED AS OUR OFFICE IS ADVISED BY FOREST SERVICE THAT MATTER HAS BEEN REFERRED TO SBA FOR SIZE DETERMINATION AND DETERMINATION OF SBA IS CONCLUSIVE ON OUR OFFICE.
TO LENIHAN, IVERS, JENSEN AND MCATEER:
THIS IS IN REPLY TO YOUR LETTER OF OCTOBER 2, 1973, ON BEHALF OF FORT VANCOUVER PLYWOOD COMPANY REGARDING ITS PROTEST AGAINST THE PROPOSED AWARD OF A CONTRACT TO CAFFALL BROTHERS FOREST PRODUCTS, INC. (CAFFALL), ON A U.S. FOREST SERVICE TIMBER SALE NAMED THE "PEACE" SALE, IN REGION 6, GIFFORD PINCHOT NATIONAL FOREST.
THE PROTEST IS BASED ON THE ALLEGATION THAT CAFFALL IS A LARGE BUSINESS AND THEREFORE INELIGIBLE FOR AWARD UNDER THE "PEACE" SALE WHICH WAS A SMALL BUSINESS SET-ASIDE.
ENCLOSED IS A COPY OF A LETTER DATED OCTOBER 5, 1973, WHICH WE RECEIVED FROM THE FOREST SERVICE REGARDING YOUR PROTEST. FROM THAT LETTER, IT IS APPARENT THAT AS A RESULT OF YOUR PROTEST AGAINST THE SIZE STATUS OF CAFFALL, THE MATTER HAS BEEN FORWARDED TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR A SIZE DETERMINATION. THE LETTER INDICATES FURTHER THAT AWARD IS BEING WITHHELD PENDING THE DECISION OF SBA AND THAT IF THE SBA DETERMINES CAFFALL TO BE A SMALL BUSINESS, FORT VANCOUVER WILL HAVE THE OPPORTUNITY TO APPEAL TO THE SBA SIZE APPEALS BOARD. CONCLUSION, THE FOREST SERVICE STATES THAT IT WILL BE GOVERNED BY THE DETERMINATION OF THE SBA AS REGARDS THOSE FIRMS ELIGIBLE FOR AWARD OF THE CONTRACT.
BASED ON THE ABOVE INFORMATION AND THE FACT THAT UNDER 15 U.S.C. 637(B)(6), A DECISION OF SBA REGARDING THE SIZE STATUS OF A CONCERN IS CONCLUSIVE AND MAY NOT BE IGNORED BY OUR OFFICE, WE ARE CLOSING OUR FILE ON THE MATTER WITHOUT FURTHER ACTION. 46 COMP. GEN. 898 (1967) AND 51 COMP. GEN. 531 (1971).