B-212963.2, OCT 24, 1983
Highlights
DIGEST: REQUEST FOR RECONSIDERATION OF GAO DISMISSAL OF INITIAL PROTEST IS DENIED. INITIAL PROTEST WAS DISMISSED BECAUSE IT CONCERNED THE PROPRIETY OF THE STANDARD INDUSTRIAL CLASSIFICATION CONTAINED IN A SOLICITATION. SINCE SBA'S DETERMINATION IS CONCLUSIVE AND BECAUSE THE PROTESTER HAS RAISED NO MATTERS OTHER THAN THE ISSUE OF THE PROPRIETY OF THE INDUSTRIAL CLASSIFICATION. GAO WILL NOT CONSIDER THE MATTER FURTHER. PROTESTER'S REQUEST THAT GAO HOLD ITS DECISION ON THE RECONSIDERATION REQUEST IN ABEYANCE PENDING THE PROTESTER'S APPEAL TO SBA IS ALSO DENIED. WE DISMISSED GIA'S PROTEST ON THE BASIS THAT APPEALS OF CONTRACTING OFFICERS' DECISIONS REGARDING INDUSTRIAL CLASSIFICATIONS ARE WITHIN THE JURISDICTION OF THE SMALL BUSINESS ADMINISTRATION'S (SBA) SIZE APPEALS BOARD.
B-212963.2, OCT 24, 1983
DIGEST: REQUEST FOR RECONSIDERATION OF GAO DISMISSAL OF INITIAL PROTEST IS DENIED. INITIAL PROTEST WAS DISMISSED BECAUSE IT CONCERNED THE PROPRIETY OF THE STANDARD INDUSTRIAL CLASSIFICATION CONTAINED IN A SOLICITATION, A MATTER FOR RESOLUTION BY THE SMALL BUSINESS ADMINISTRATION (SBA). SINCE SBA'S DETERMINATION IS CONCLUSIVE AND BECAUSE THE PROTESTER HAS RAISED NO MATTERS OTHER THAN THE ISSUE OF THE PROPRIETY OF THE INDUSTRIAL CLASSIFICATION, GAO WILL NOT CONSIDER THE MATTER FURTHER. PROTESTER'S REQUEST THAT GAO HOLD ITS DECISION ON THE RECONSIDERATION REQUEST IN ABEYANCE PENDING THE PROTESTER'S APPEAL TO SBA IS ALSO DENIED.
GRAPHICS INDUSTRIES ASSOCIATION - RECONSIDERATION:
THE GRAPHICS INDUSTRIES ASSOCIATION (GIA) REQUESTS RECONSIDERATION OF OUR DECISION OF SEPTEMBER 20, 1983 (GRAPHICS INDUSTRIES ASSOCIATION, B-212963, 83-2 CPD ), WHEREIN WE DISMISSED ITS PROTEST UNDER SOLICITATION NO. N00600 -83-R-3350 ISSUED BY THE DEPARTMENT OF THE NAVY. IN ITS INITIAL PROTEST, GIA ALLEGED THAT THE NAVY HAD USED THE WRONG STANDARD INDUSTRIAL CLASSIFICATION IN THE SOLICITATION. WE DISMISSED GIA'S PROTEST ON THE BASIS THAT APPEALS OF CONTRACTING OFFICERS' DECISIONS REGARDING INDUSTRIAL CLASSIFICATIONS ARE WITHIN THE JURISDICTION OF THE SMALL BUSINESS ADMINISTRATION'S (SBA) SIZE APPEALS BOARD; THEREFORE, WE STATED THAT THE SIZE APPEALS BOARD'S DETERMINATION ON SUCH MATTERS IS CONCLUSIVE. GIA HAS FILED AN APPEAL WITH THE SIZE APPEALS BOARD AND REQUESTS THAT OUR OFFICE "STAY" ITS DECISION ON GIA'S RECONSIDERATION REQUEST UNTIL THE SBA DECIDES GIA'S APPEAL.
AS WE STATED IN THE ORIGINAL DECISION ON GIA'S PROTEST, THE SBA'S DETERMINATION ON GIA'S APPEAL IS CONCLUSIVE WITH REGARD TO THE PROPRIETY OF STANDARD INDUSTRIAL CLASSIFICATIONS UNDER REGULATIONS ISSUED BY THE SBA. 13 C.F.R. SECS. 121.3-8 AND 121.3-6 (1983). ACCORDINGLY, THE SBA'S DECISION IS BINDING ON THE CONTRACTING AGENCY. MOREOVER, GIA HAS RAISED NO ISSUES OTHER THAN THE ISSUE OF THE PROPER INDUSTRIAL CLASSIFICATION TO BE USED. THEREFORE, WE WILL NOT CONSIDER THE MATTER FURTHER, AND WE SEE NO REASON FOR HOLDING THIS DECISION IN ABEYANCE.
THE REQUEST FOR RECONSIDERATION IS DENIED.