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B-280186 1 (1998-08-28)

handle is hein.gao/gaocrptahuu0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Adams Industrial Services, Inc. File: B-280186 Date: August 28, 1998 Thomas D. Adams for the protester. Linda M. Harding, Saint Lawrence Seaway Development Corporation, for the agency. Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where a timely size protest was filed after small business set-aside award, and the awardee was found by the Small Business Administration to be other than a small business, the agency, in the absence of legitimate countervailing reasons, should have terminated the contract and made award to the protester. DECISION Adams Industrial Services, Inc. (AIS) protests the decision of the Saint Lawrence Seaway Development Corporation (SLSDC) to cancel a purchase order issued to AIS and the subsequent issuance of a purchase order to Atlantic Testing Laboratories (ATL) under request for quotations (RFQ) No. DTSL55-98-Q-PO414, issued as a small business set-aside by the SLSDC for nondestructive testing of fracture-critical welds on 34 stoplogsI and inspection of repair work at the Eisenhower and Snell Locks near Massena, New York. The protester argues that, after receipt of quotations, the SLSDC improperly permitted ATL to correct an alleged error in its certification concerning its small business status, and maintains that ATL is ineligible for award because it is not a small business. We sustain the protest. Bac kgro und The RFQ was issued on April 16, 1998, as a total small business set-aside, and contained Standard Industrial Classification (SIC) code 8734, with a size standard of $5 million. RFQ at 1. Section K of the RFQ contained the clause found at Federal Acquisition Regulation (FAR) § 52.212-3, which, among other things, 1Stoplogs are steel structures which form temporary dams used when water is being removed from a lock.

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