SBA SIZE PROTEST LAW: SBA Size Determination Protests & Appeals - Attorneys

Small Business Size Determined at Time Proposal was Submitted Under GWAC, Not at Time of Task Order Award

Posted on November 26th, 2015 by

In a bid protest filed by Software Engineering Services Corporation, B-411739 (October 8, 2015), the protestor argued that OBXtek, Inc. should not receive award of a task order under a Government-Wide Acquisition Contract (GWAC) because it was not small at the time the task order was awarded.  The GAO denied the protest.

The GAO held that PSI International, which OBXtek, Inc. later acquired, was small at the time it submitted a proposal to be awarded the underlying GWAC.  Further, the GWAC did not require recertification of small business size before award of the task order.  Accordingly, OBXtek, Inc. was considered small even though it was not small at the time the task order was awarded.

 

 

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