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B-152925, APR. 1, 1964

B-152925 Apr 01, 1964
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TO ELGIN SWEEPER COMPANY: REFERENCE IS MADE TO YOUR LETTER OF MARCH 7. THE SMALL BUSINESS ADMINISTRATION (SBA) IS CHARGED BY STATUTE WITH THE RESPONSIBILITY FOR DETERMINING WHETHER A PARTICULAR CONCERN IS "SMALL BUSINESS" WITHIN THE CONTEMPLATION OF THE SMALL BUSINESS ACT. SBA IS VESTED WITH CONSIDERABLE DISCRETION IN EXERCISING ITS INDEPENDENT JUDGMENT IN THE MATTER. SINCE THERE IS NO INDICATION THAT THE SBA SIZE DETERMINATION ON WAYNE MANUFACTURING COMPANY WAS NOT MADE IN GOOD FAITH AND IN ACCORDANCE WITH THE APPLICABLE STATUTE AND REGULATIONS. SINCE THIS DECISION IS MADE FINAL AND CONCLUSIVE BY LAW. WE ARE NOT IN A POSITION TO QUESTION IT. ANY REVISION OF THAT DETERMINATION WOULD HAVE TO BE MADE BY THE SMALL BUSINESS ADMINISTRATION.

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B-152925, APR. 1, 1964

TO ELGIN SWEEPER COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 7, 1964, REQUESTING REVIEW OF OUR DECISION OF FEBRUARY 24, 1964, WHICH DENIED YOUR PROTEST OF AN AWARD TO WAYNE MANUFACTURING COMPANY UNDER INVITATION FOR BIDS NO. AMC/T) 11-184 -64-79/C/JD, ISSUED BY THE U.S. ARMY ENGINEER PROCUREMENT OFFICE, CHICAGO.

AS INDICATED IN OUR LETTER TO YOU DATED FEBRUARY 24, 1964, THE SMALL BUSINESS ADMINISTRATION (SBA) IS CHARGED BY STATUTE WITH THE RESPONSIBILITY FOR DETERMINING WHETHER A PARTICULAR CONCERN IS "SMALL BUSINESS" WITHIN THE CONTEMPLATION OF THE SMALL BUSINESS ACT. IN MAKING THIS DETERMINATION, SBA IS VESTED WITH CONSIDERABLE DISCRETION IN EXERCISING ITS INDEPENDENT JUDGMENT IN THE MATTER.

SINCE THERE IS NO INDICATION THAT THE SBA SIZE DETERMINATION ON WAYNE MANUFACTURING COMPANY WAS NOT MADE IN GOOD FAITH AND IN ACCORDANCE WITH THE APPLICABLE STATUTE AND REGULATIONS, AND SINCE THIS DECISION IS MADE FINAL AND CONCLUSIVE BY LAW, WE ARE NOT IN A POSITION TO QUESTION IT, AND ANY REVISION OF THAT DETERMINATION WOULD HAVE TO BE MADE BY THE SMALL BUSINESS ADMINISTRATION.

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