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B-210314.3 1 (1983-03-09)

handle is hein.gao/gaobadkxv0001 and id is 1 raw text is: THE COMPTROLLER OENERAL DECISION F OP THE UNITED STATES : WA SINGTON. 0.C. 20548 FILE: B-210314.3 DATE: March 9, 1983 MATTER OF:Four Star Maintenance Corporation-- Reconsideration DIGEST: 1. Where an appeal of the small business size status was not filed within 5 days of bid opening, the agency was not required to suspend contracting action for the pre- scribed regulatory period. 2. Agency was not required to withhold award pend- ing a Small Business Administration Size Appeals Board post-bid opening ruling on an appeal of the small business size standard contained in the solicitation because the ruling has prospective effect only. Four Star Maintenance Corporation-requests recon- sideration of Consolidated Marketing Network, Inc.; Four Star Maintenance Corporation, 3- 10314; B-210314.2, February 7, 1983, 83-1 CPD __,in which we dismissed Four Star's protest against the proposed award of a contract for base housing repair and maintenance services at Beale Air Force Base, California, under invitation for bids No. F04666-82-B-0039. We affirm our prior decision. _Four Star requests reconsideration of its allegation that the low bidder, and ultimate awardee, under the invi- tation exceeded the small business size limitation con- tained in the solicitation. In dismissing the allegation in the original decision, we pointed out that the Small Business Administration (SBA) has conclusive authority to determine a small business concern's size status for pro- curement purposes. 15 U.S.C. § 637(b)(6) (1976). In this regard, we noted that if Four Star wished to challenge the size status of the low bidder, it should have protested to the contracting officer within 5 days after bid opening, in accord with SBA regulations at 13 C.F.R. § 121.3-5(a) (1982). We noted further that the contracting officer would have refecred the matter to the SBA regional direc- tor, whose decision, if adverse, also could have been 0,2

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