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B-184917 1 (1975-10-21)

handle is hein.gao/gaobadcua0001 and id is 1 raw text is: 



DECISION





FILE:  B-184917

MATTER OF:


o ~ THE COMPTROLLER GENERAL
         OF   THE UNITED STATES
         WASHINGTON, D.C. 2054B
TED~


DATE:October  21,1975


Kleen-Rite Corporation


DIGEST:

     Since GAO has no authority to withhold an award pending
     determination of bidder's small business status by Small
     Business Administration, protest requesting such relief
     is dismissed.

     Kleen-Rite Corporation (Kleen-Rite) protests an award to
Checker Services, under invitation for bids (IFB) No. N62472-
76-C-2304, a small business set-aside issued by the Naval Air
Station, Brunswick, Maine. Kleen-Rite has protested the small
business status of Checker Services to the contracting officer
and has requested this Office to withhold the award until a
final determination of size status is made by the Small Business
Administration (SBA) Regional Office.

     Regarding Kleen-Rite's request that this Office withhold
the award until final determination by the SBA, we have no
authority to order the withholding of an award. Tektronix, Inc.,
B-178907, February 27, 1974, 74-1 CPD 107. However, where a
contracting officer receives a protest regarding the size status
of a bidder prior to award, he is required to suspend procurement
action unless he determines in writing that the procurement is
urgent.  ASPR @ 1-703(b)(3)(iv) (1974 ed.). See Cottrell Engi-
neering Corporation, B-182783, January 24, 1975, 75-1 CPD 47.


     Accordingly, Kleen-Rite's
dismissed.


request to withhold the award is


Deputy Comptroller  nera1
       of the United States











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