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B-178856 1 (1973-06-26)

handle is hein.gao/gaobaacxe0001 and id is 1 raw text is: 




Ij               COMPTROLLER GENERAL OF THE UNITED STATi$
                            WASHINGTON. D.C. z0$40


 L-172356
                                             June 26, 1973

 AIP. NAIL

 Servica Distributora, Incorporated
 567 Seventh Street
 San Francisco, California   94103

      Attentiont Hr. V. A. faraocchinl
                  General Lnager
 Gentlemuen

      This will aclnowle * receipt of your letter dated June 5, 1973,
with onclomtren, prote   ing acainft the avard of a contract to Web Service
Company (Web) under vitatlon for Bide (IfM) f66214-73-]1-1693, ioaued by
the lPaval Regional ocurament Office, ilaval Supply Ceuter, Oakland,
Califoinia.

      It appeary/from the enclosures submitted with your letter that              )
April 23, 197 ,was establiehed as the bid openinB data by the instant
irD, which was a total snall business cet-asto,  On Nay 23, 1073, after
being advised of the a.ard to Web, you protested to the proctiring activity,
alleging that Web did not qualify as a sail busine3a. The contracting
officer responded to your protest by latter of May 29, 1973, in which he
stated that hit ace ptancn of Web'a size atatua certification could not
be disturbod In view of the requirement, contained in Armed Services oPro-
curement Regulation (AIPR) 1-703(b)(1), that protests concerning small
busineso otatusMus. be received by the contracting officer prior to the
close of business o;i the fifth izorking day * ** after bid opening date
for fomally advert: wd and enall business restricted advorticed procureento.

     You received the contr3cting officer's letter the follow day, May 30,
1973j, whereupon you reitratod your protest. Hoverer, the contracting
officer's opinion remained unchanged, as he advised you by letter of
June l, 1973. Your subsequent protest to our Office was received on
June 8, 1973.                                  •F
     Under ASPR 1-703, a contracting officer t required to accept at
face value, for the particular procurement involved, a certification by
the bidder that it io a small busfaess concern unless a tintily written pro-
test is received fram another bidder concerning the 1izestatus of the
apparentle oucesful bidder or the contractiag officer questions the



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