B-195369, JUL 31, 1979
Highlights
DIGEST: PROTEST CONCERNING SMALL BUSINESS STATUS OF LOW BIDDER IS BY LAW MATTER FOR DECISION BY SBA AND NOT FOR CONSIDERATION BY GAO. THE PROCUREMENT IS FOR JANITORIAL AND ELEVATOR OPERATION SERVICES AND IS SET ASIDE FOR SMALL BUSINESS. LU-SAN CONTENDS THAT KENTUCKY DOES NOT MEET THE APPROPRIATE SIZE STANDARD ESTABLISHED FOR THIS SOLICITATION AND THEREFORE IS NOT A SMALL BUSINESS. THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES AND THESE DETERMINATIONS ARE NOT SUBJECT TO GAO REVIEW. WHO IN TURN SHALL PROMPTLY FORWARD IT TO THE SBA DISTRICT OFFICE WHICH SERVES THE GEOGRAPHICAL AREA WHERE THE PROTESTED CONCERN IS LOCATED.
B-195369, JUL 31, 1979
DIGEST: PROTEST CONCERNING SMALL BUSINESS STATUS OF LOW BIDDER IS BY LAW MATTER FOR DECISION BY SBA AND NOT FOR CONSIDERATION BY GAO.
LU-SAN ENTERPRISES, INC.:
LU-SAN ENTERPRISES, INC. (LU-SAN), A SMALL BUSINESS, PROTESTS THE PROPOSED AWARD OF A CONTRACT BY THE GENERAL SERVICES ADMINISTRATION (GSA) TO THE LOW BIDDER, KENTUCKY BUILDING MAINTENANCE, INC. (KENTUCKY), UNDER SOLICITATION NO. 2PBC-DD-19,474. THE PROCUREMENT IS FOR JANITORIAL AND ELEVATOR OPERATION SERVICES AND IS SET ASIDE FOR SMALL BUSINESS.
LU-SAN CONTENDS THAT KENTUCKY DOES NOT MEET THE APPROPRIATE SIZE STANDARD ESTABLISHED FOR THIS SOLICITATION AND THEREFORE IS NOT A SMALL BUSINESS.
UNDER 15 U.S.C. SEC. 637(B) (1976), THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES AND THESE DETERMINATIONS ARE NOT SUBJECT TO GAO REVIEW. CARDAN COMPANY, B-193839, JANUARY 31, 1979, 79-1 CPD 76; ADVANCE BUILDING MAINTENANCE CO., B-193819, JANUARY 30, 1979, 79-1 CPD 72. UNDER THE APPLICABLE REGULATIONS, A PROTEST AGAINST THE SIZE STATUS OF ANOTHER BIDDER SHOULD BE SENT, IN A TIMELY MANNER, TO THE CONTRACTING OFFICER RESPONSIBLE FOR THE PROCUREMENT, WHO IN TURN SHALL PROMPTLY FORWARD IT TO THE SBA DISTRICT OFFICE WHICH SERVES THE GEOGRAPHICAL AREA WHERE THE PROTESTED CONCERN IS LOCATED. FEDERAL PROCUREMENT REGULATIONS SEC. 1-1.703-2 (1964 ED. AMEND. 192).
WE NOTE THAT LU-SAN HAS REFERRED THE MATTER TO THE CONTRACTING OFFICER AS REQUIRED. THEREFORE, THE PROTEST IS DISMISSED.