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B-189805 1 (1977-10-19)

handle is hein.gao/gaobadfer0001 and id is 1 raw text is: ,LLL6 14.T' L THE COMPTROLLEn CNERAL CECISICIN . op / o THE UNITEm3 EATES WZ1SHNGT DN, D.C. 20134a C FILE, B-189805 DATi: October :s, 1977 rr1 I C MATTER OF: Octagon Process, Inc. DIGEST: 1. Allegation thac solicitation iw re-ective because it restricts competition exclusively to small'businesses is untimely under 4 C.F.R. $ 20.2(b(1) when filed after bid opening. 2. Allegation that other bidders are not small businesses under total small business set- aside is properly for resolution Ny Small Business Ai.minisLration in accordance with- procedures of ASPR I 1-703(b)(1), impleten- ing 15 U.S.C. § 637(b) (6). Octgon Process, Inc. (Octagon) has protested the making of ay award for the purchase of decontaminating agent under Invitation for Bids No. DSA 400-77-B-0911, a total small buslnass set-aside issued by the Defense Logtstics Agency. Octagn containds thst there 'are no small business manufacturers of this item and that, therefore, none of the bidders qualifies for award. Octagon did not protest the decision to restrict competition to smill businesses prior to the bid opening. Under our Bid Protest Procedures, 4 C.F.R. I 20.2(b)(1) (1977), any such post-bid opening p-otest against an alleged solicitation defect is untimely and will not be considered by our office. Tenco Construction Company, B-187137, December 21, 1976, 76-2 CFD 512. Octagon's cc.ntenti6n that none of the other bidders qualifies as a small business is not for consideration by the General Accounting Office stnce exclusive authority over the question of a bidder's size status is vested by statute in the Small Business Administratinn. 15 U.S.C. § 637(b),6) (1970). In this regard, Armed Services Pro- curement Regulation I 1-703(b)(1) statas: LL I

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