B-220592: Oct 4, 1985

A firm protested an Army Corps of Engineers contract award which was issued as a small business set-aside, contending that the second low bidder should not have received the award until a final ruling was issued on its appeal to the Small Business Administration (SBA) as to its size status. GAO has held that there is no requirement to withhold an award pending a final SBA ruling on a small busines...

B-220592: Oct 4, 1985

CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - PRIOR TO RESOLUTION OF SIZE PROTEST DIGEST: CONTRACTING OFFICER'S AWARD OF A CONTRACT TO THE SECOND LOW BIDDER FOLLOWING AN INITIAL DETERMINATION BY THE SMALL BUSINESS ADMINISTRATION THAT THE LOW BIDDER IS OTHER THAN SMALL. IS PROPER AND DOES NOT CONSTITUTE AN ABUSE OF THE CONTRACTING OFFICER'S DISCRETION. THE PROCUREMENT WAS FOR THE CONSTRUCTION OF A...