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B-200260.3 1 (1981-04-15)

handle is hein.gao/gaobadjhn0001 and id is 1 raw text is: 'THE COMPTROLLER GENERAL DECISION OF THE UNITED BTATES WASHINGTON, 0. C. 20548 6U rA/ o LE: B-200260.3 OATE: April 15, 1981 pLGeo4 MATTER OF: Mil-Tec Systems Corp.; ACR Electronics, Inc. -Reconsideration 3) nv DIGEST: Awardee's filing of request for reconsider- ation with SBA Size Appeals Board provides no basis to withdraw recommendation that improperly awarded contract be terminated since for purposes of determining propriety of award, reliance on Size Appeals Board's initial determination is appropriate. Quadratec Electronics, Inc., requests reconsidera- tion of our decision Mil-Tec Systems Corp.; ACR Elec- tronics, Inc., B-200260; B-200260.2, February 9, 1981, 81-1 CPD . In that decision, we recommended termination of a contract awarded to Quadratec since the Air Force did not provide the pre-award notice to other offerors required by Defense Acquisition Regulation (DAR) § 1-703(b)(1) (1976 ed.), and the Small Business Administration (SBA) subse- quently found Quadratec not to be small pursuant to a timely size status protest filed by ACR Electronics, Inc. Quadratec argues that it is and always has been a small business and states that it has filed a request for reconsideration with the SBA Size Appeals Board. Therefore, Quadratec contends our February 9, 1981 recommendation for contract termination should be withdrawn. We do not view Quadratec's filing of a request for reconsideration with the SBA Size Appeals Board as providing any basis on which to withdraw our recommendation. While it is possible that the Size Appeals Board might reverse its prior position on reconsideration, we believe that for the purposes of determining the propriety of a contract award, reliance upon the initial Size Appeals Board deter- mination is appropriate. Z

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