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B-292815.3 1 (2004-01-20)

handle is hein.gao/gaocrptapic0001 and id is 1 raw text is: G A O0 Comptroller General A a * Integrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Tiger Enterprises, Inc. File: B-292815.3; B-293439 Date: January 20, 2004 Monty Mauldin and Lillian K. Mauldin, for the protester. Julius Rothlein, Esq., and A. Neil Stroud, Esq., U.S. Marine Corps, and John W. Klein, Esq., and Kenneth Dodds, Esq., Small Business Administration, for the agencies. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where the awardee was found by the Small Business Administration to be other than small based on a timely size protest filed after award on a small business set-aside, and this determination was not appealed, the agency, in the absence of legitimate countervailing reasons, should have terminated the contract and obtained these services from a small business. DECISION Tiger Enterprises, Inc. protests the decision of the U.S. Marine Corps (USMC) to continue performance of contracts awarded to Tarheel Specialties, Inc. under request for quotations (RFQ) No. M67001-04-Q-0001, issued as a small business set-aside, for the lease and maintenance of washers and dryers at Camp Lejeune, North Carolina. Tiger contends that Tarheel was ineligible for award because it was a large business. We sustain the protests. In anticipation of the expiration of the USMC's contract for these services with Block's Management Company (a large business) on October 31, 2003, the agency issued a solicitation on July 22 as a small business set-aside. Five proposals, including Tiger's and Tarheel's, were submitted by the August 15 closing date in response to the solicitation. On August 28, the agency made award to Tarheel.' On 1 It has been alleged by Tiger that Tarheel and Block's are essentially the same entity.

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