B-213485, NOV 10, 1983
Highlights
PROTEST AGAINST SMALL BUSINESS SET-ASIDE WHICH IS RECEIVED BY GAO AFTER TIME SET FOR BID OPENING IS UNTIMELY. 2. GAO WILL NOT CONSIDER PROTEST AGAINST SMALL BUSINESS SIZE STANDARD IN SOLICITATION. SINCE SMALL BUSINESS ADMINISTRATION IS SOLE ADJUDICATOR OF SIZE STANDARD ISSUES. FIREBAUGH COMPLAINS THAT THE PROCUREMENT SHOULD NOT HAVE BEEN SET ASIDE FOR SMALL BUSINESS AND THAT AN INCORRECT SIZE STANDARD WAS INCLUDED IN THE SOLICITATION. OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING BE FILED PRIOR TO BID OPENING. 4 C.F.R. THE OBJECTION TO THE SET-ASIDE THEREFORE SHOULD HAVE BEEN LODGED PRIOR TO BID OPENING.
B-213485, NOV 10, 1983
DIGEST: 1. PROTEST AGAINST SMALL BUSINESS SET-ASIDE WHICH IS RECEIVED BY GAO AFTER TIME SET FOR BID OPENING IS UNTIMELY. 2. GAO WILL NOT CONSIDER PROTEST AGAINST SMALL BUSINESS SIZE STANDARD IN SOLICITATION, SINCE SMALL BUSINESS ADMINISTRATION IS SOLE ADJUDICATOR OF SIZE STANDARD ISSUES.
FIREBAUGH & REYNOLDS ROOFING CO.:
FIREBAUGH & REYNOLDS ROOFING CO. PROTESTS THE AWARD OF A CONTRACT BY THE DEPARTMENT OF THE ARMY UNDER SOLICITATION NO. DAKF40-83-B-0025. FIREBAUGH COMPLAINS THAT THE PROCUREMENT SHOULD NOT HAVE BEEN SET ASIDE FOR SMALL BUSINESS AND THAT AN INCORRECT SIZE STANDARD WAS INCLUDED IN THE SOLICITATION. WE DISMISS THE PROTEST.
OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING BE FILED PRIOR TO BID OPENING. 4 C.F.R. SEC. 21.2(B)(1) (1983); CARRIER AIR CONDITIONING, B-208069 JULY 12, 1982, 82-2 CPD 46. THE OBJECTION TO THE SET-ASIDE THEREFORE SHOULD HAVE BEEN LODGED PRIOR TO BID OPENING. WE ARE ADVISED THAT BID OPENING WAS SEPTEMBER 22, 1983; THE PROTEST WAS NOT FILED UNTIL OCTOBER 20. THEREFORE, THIS BASIS OF PROTEST IS UNTIMELY.
WITH REGARD TO THE ALLEGED USE OF AN INCORRECT SIZE STANDARD, THE REGULATIONS REQUIRE THAT A CHALLENGE TO A SIZE STANDARD MUST BE FILED PRIOR TO BID OPENING WITH THE SIZE APPEALS BOARD OF THE SMALL BUSINESS ADMINISTRATION (SBA). SEE DEFENSE ACQUISITION REGULATION SEC. 1 703(C)(2). UNDER THE LAW, IT IS THE SBA THAT HAS EXCLUSIVE AUTHORITY TO RESOLVE QUESTIONS OF SMALL BUSINESS SIZE STATUS AND STANDARDS. CONSOLIDATED MARKETING NETWORK, INC.; FOUR STAR MAINTENANCE CORP., B-210314; B-210314.2, FEBRUARY 7, 1983, 83-1 CPD 134.
THEREFORE, THIS OFFICE DOES NOT CONSIDER CHALLENGES TO THE USE OF A PARTICULAR SIZE STANDARD.
THE PROTEST IS DISMISSED.