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B-275696 1 (1997-03-17)

handle is hein.gao/gaocrptafvf0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: MTB Investments, Inc. File: B-275696 Date: March 17, 1997 J. Randolph MacPherson, Esq., Sullivan & Worcester, LLP, for the protester. Shari Weaver, Esq., Department of Housing and Urban Development, for the agency. David R. Kohler, Esq., John Klein, Esq., and John Silbermann, Esq., for the Small Business Administration. Susan K McAuliffe, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where contracting officer believed protester miscertified its size status in its quotation, rather than rejecting the quotation on that basis, under the applicable Federal Acquisition Regulation contracting officer was required to refer question of firm's size status to the Small Business Administration for a size determination. DECISION MTB Investments, Inc. (MTBI) protests the award of a contract under request for quotations (RFQ) No. H03Q96108700000, issued by the U.S. Department of Housing and Urban Development (HUD) as a small business set-aside for appraisal review services. MTBI contends that the agency improperly rejected the firm's low quotation based upon a concern about the firm's self-certification that it is a small business without referring the matter to the Small Business Administration (SBA) for a size determination. We sustain the protest. On June 24, 1996, the SBA issued a formal size determination (under a different HUD procurement, invitation for bids No. H03B96008200000) that MTBI was other than a small business under Standard Industrial Classification (SIC) Code 6531. MTBI filed a timely appeal of that adverse determination with the SBA Office of Hearings and Appeals (OHA) on July 10; the protester's request to SBA for recertification as a small business was delayed by SBA until the OHA ruled on MTBI's appeal. By decision of October 1, the OHA determined that the methodology followed by the SBA in finding MTBI to be other than small was erroneous. The OHA remanded the issue of MTBI's small business status back to the SBA area director for a new and complete size determination. In particular, the 146317

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