B-188782, APRIL 25, 1977
Highlights
QUESTION CONCERNING SMALL BUSINESS SIZE STATUS OF BIDDER IS NOT FOR CONSIDERATION BY GAO SINCE CONCLUSIVE AUTHORITY OVER QUESTION IS VESTED BY STATUTE IN SBA. GENERAL ALLEGES THAT THE APPARENT LOW BIDDERS ARE INELIGIBLE FOR AWARD SINCE THE PROCUREMENT IS A 100-PERCENT SMALL BUSINESS SET-ASIDE AND THE APPARENT LOW BIDDERS ARE NOT SMALL BUSINESS CONCERNS. THE PROTEST IS DISMISSED.
B-188782, APRIL 25, 1977
QUESTION CONCERNING SMALL BUSINESS SIZE STATUS OF BIDDER IS NOT FOR CONSIDERATION BY GAO SINCE CONCLUSIVE AUTHORITY OVER QUESTION IS VESTED BY STATUTE IN SBA.
GENERAL AUTOMATIC CORPORATION:
GENERAL AUTOMATIC CORPORATION (GENERAL) HAS PROTESTED THE PROPOSED AWARD OF A CONTRACT BY THE DEPARTMENT OF THE ARMY, UNDER INVITATION FOR BIDS (IFB) NO. DAAEO7-77-B-3259 FOR A "PARTS KIT." GENERAL ALLEGES THAT THE APPARENT LOW BIDDERS ARE INELIGIBLE FOR AWARD SINCE THE PROCUREMENT IS A 100-PERCENT SMALL BUSINESS SET-ASIDE AND THE APPARENT LOW BIDDERS ARE NOT SMALL BUSINESS CONCERNS.
THE SMALL BUSINESS ADMINISTRATION HAS BEEN GRANTED CONCLUSIVE AUTHORITY UNDER 15 U.S.C. 637(B)(6) (1970) TO DETERMINE THE SIZE OF SMALL BUSINESS CONCERNS FOR PROCUREMENT PURPOSES. THEREFORE, OUR OFFICE DOES NOT REVIEW QUESTIONS OF A BIDDER'S SMALL BUSINESS SIZE STATUS. WHITE BROTHERS TRUCKING COMPANY, B-187392, DECEMBER 23, 1976, 76-2 CPD 530.
ACCORDINGLY, THE PROTEST IS DISMISSED.