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B-185405 1 (1976-08-13)

handle is hein.gao/gaobaddhy0001 and id is 1 raw text is: LIR THE COMPTROLLER GENERAL DECISION .,. OF THE UNITED STATES W A S H WASHINGTON, D.C. 20549 FILE: B-185405 DATE: August 13, 1976 MATTER OF: Lawrence W. Rosine Co. DIGEST: 1. Award may not be made under Navy total small business set-aside to firm found to be other than small business concern by SBA, even though firm's bid was only one received. Retrospective determination by Navy that there was not sufficient competition to justify set-aside and suggestion that IFB size classification may be erroneous do not allow direct award to sole bidder. Requirement must be resolicited so that all potential bidders, including other large business firms, may have opportunity to compete. 2. Fiscal year funds to be used for June 30, 1975, award under small business set-aside, conditioned on SBA determination that awardee is small business concern, can be used in subsequent fiscal year to fund replacement contract where award is withdrawn because of negative SBA.size determination since conditional con- tract (1) was binding agreement obligating 1975 funds; (2) was sufficiently definite; (3) represented bona fide 1975 need; and (4) replacement contract to be awarded after resolicitation will cover same continuing need encompassed by conditional con- tract. 24 Comp. Gen. 555 (1945) overruled. BACKGROUND On June 10, 1975, invitation for bids (IFB) N62474-75-C-7024 was issued as a total small business set-aside by the Naval Facilities Engineering Command, Camp Pendleton, California, for floor repair in a family housing project. Only one bid, from the Lawrence W. Rosine Co. (Rosine), was received by the time set for bid opening on June 26, 1975. Rosine certified itself to be a small business. PUBLISHED DECISIOff 55 Comp. Gen..