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B-276389.2 1 (1997-07-08)

handle is hein.gao/gaocrptafye0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548
Decision





Matter of: The Holiday Inn North Raleigh

File:        B-276389.2

Date:        July 8, 1997

Herbert C. Ross for the protester.
Col. Nicholas P. Retson and Maj. Michael J. O'Farrell, Jr., Department of the Army,
for the agency.
Ray E. Baker, Sunrise International Group, Inc., for the intervenor.
Jennifer Westfall-McGrail, Esq., and Christine Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protest that Small Business Administration (SBA) improperly failed to consider vital
information bearing on awardee's status as a small business in connection with
deciding whether the awardee was eligible for the Certificate of Competency
program is dismissed since protest essentially involves the issue of what
information should be considered by SBA and challenges SBA's determination of the
awardee's size status, matters within SBA's exclusive statutory authority to
determine small business size status and not for review under General Accounting
Office Bid Protest Regulations.
DECISION

The Holiday Inn North Raleigh protests the award of a contract to Sunrise
International Group under invitation for bids (IFB) No. DABT23-97-B-0031, issued by
the Department of the Army for meals, lodging, and transportation for military
applicants being processed at the Military Entrance Processing Station in Raleigh,
North Carolina. Sunrise, a small business which had initially been rejected as
nonresponsible, was awarded the contract after the Small Business Administration
(SBA) issued it a Certificate of Competency (COC). Holiday Inn contends that SBA
should not have considered Sunrise eligible for a COC because Sunrise does not
qualify as a small business for purposes of this procurement due to its relationship
with two large business subcontractors. According to the protester, Sunrise
improperly failed to disclose its affiliation with its large business subcontractors,
and SBA failed to consider the impact of Sunrise's proposed subcontracting
arrangements in deciding whether Sunrise qualified as a small business eligible for
a COC.

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