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When Size Matters, SBA Has Final Say

May.18.2010

In DynaLantic Corp., GAO denied a protest based on an allegation that the awardee in a small business set-aside procurement proposed a flight training device simulator that did not comply with the nonmanufacturer rule because the awardee procured the simulators from another country. GAO explained that the protester had concurrently filed a size protest with SBA, which determined that the awardee did comply with the nonmanufacturer rule because it transformed the simulators from a COTS product to a specific product solicited, and that SBA's decision was binding on GAO because SBA has "conclusive authority" to determine the size status of offerors.
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Marc F. Efron
Retired Partner – Washington, D.C.
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Amy Laderberg O'Sullivan
Partner – Washington, D.C.
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Email: aosullivan@crowell.com