B-209268, OCT 29, 1982
Highlights
DIGEST: PROTEST AGAINST SMALL BUSINESS SIZE STANDARD CLASSIFICATION IN SOLICITATION IS NOT FOR CONSIDERATION BY GAO SINCE SMALL BUSINESS ADMINISTRATION SIZE APPEALS BOARD HAS CONCLUSIVE JURISDICTION TO ENTERTAIN APPEAL FROM CONTRACTING OFFICER'S DETERMINATION OF SUCH CLASSIFICATION. THE PROCUREMENT IS FOR TRANSPORTATION OPERATION AND MAINTENANCE SERVICES AT THE NAVAL TRAINING CENTER ANNEX. AS IT WAS PRIOR TO AMENDMENT. THE INITIAL DETERMINATION OF THE PRODUCT OR SERVICE CLASSIFICATION AND THE SIZE STANDARD TO BE USED FOR A SPECIFIC PROCUREMENT IS MADE BY THE CONTRACTING OFFICER WITH THE RIGHT OF APPEAL TO THE SIZE APPEALS BOARD OF SBA. THE SBA DETERMINATION ON ANY SIZE CLASSIFICATION IS CONCLUSIVE AND.
B-209268, OCT 29, 1982
DIGEST: PROTEST AGAINST SMALL BUSINESS SIZE STANDARD CLASSIFICATION IN SOLICITATION IS NOT FOR CONSIDERATION BY GAO SINCE SMALL BUSINESS ADMINISTRATION SIZE APPEALS BOARD HAS CONCLUSIVE JURISDICTION TO ENTERTAIN APPEAL FROM CONTRACTING OFFICER'S DETERMINATION OF SUCH CLASSIFICATION.
WRIGHTS AUTO REPAIR AND PARTS, INC.:
WRIGHTS AUTO REPAIR AND PARTS, INC. (WRIGHTS), PROTESTS THE AMENDED SMALL BUSINESS SIZE STANDARD CLASSIFICATION CONTAINED IN SOLICITATION NO. N62467 -82-B-22584 ISSUED BY THE NAVY. THE PROCUREMENT IS FOR TRANSPORTATION OPERATION AND MAINTENANCE SERVICES AT THE NAVAL TRAINING CENTER ANNEX, ORLANDO, FLORIDA. WRIGHTS CONTENDS THAT THE CONTRACT SHOULD BE CLASSIFIED AS A SERVICE CONTRACT AND THAT THE APPLICABLE SIZE STANDARD SHOULD BE $2 MILLION IN AVERAGE ANNUAL RECEIPTS, AS IT WAS PRIOR TO AMENDMENT, RATHER THAN THE NO MORE THAN 500-EMPLOYEE STANDARD NOW CONTAINED IN THE SOLICITATION.
UNDER THE SMALL BUSINESS ADMINISTRATION (SBA) REGULATIONS, THE INITIAL DETERMINATION OF THE PRODUCT OR SERVICE CLASSIFICATION AND THE SIZE STANDARD TO BE USED FOR A SPECIFIC PROCUREMENT IS MADE BY THE CONTRACTING OFFICER WITH THE RIGHT OF APPEAL TO THE SIZE APPEALS BOARD OF SBA. C.F.R. SECS. 121.3-8, 121.3-6 (1982). THE SBA DETERMINATION ON ANY SIZE CLASSIFICATION IS CONCLUSIVE AND, THEREFORE, OUR OFFICE DOES NOT CONSIDER SUCH MATTERS. NUZZI BROS. TRANSFER & STORAGE, INC., B-204921, DECEMBER 1, 1981, 81-2 CPD 437.
WE DISMISS THE PROTEST.