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B-210322, JAN 14, 1983

B-210322 Jan 14, 1983
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DIGEST: PROTEST AGAINST SMALL BUSINESS ADMINISTRATION (SBA) SIZE APPEALS BOARD DETERMINATION THAT AWARDEE QUALIFIED AS A SMALL BUSINESS IS DISMISSED. IS A SMALL BUSINESS MANUFACTURER OF THE END ITEM SOLICITED AND IS THEREFORE ELIGIBLE FOR AWARD AS A SMALL BUSINESS. TACONIC ARGUES THAT SIT IS NOT A SMALL BUSINESS AND PROTESTS THAT THE SBA DECISION IS INCORRECT. THE SBA IS EMPOWERED TO CONCLUSIVELY DETERMINE SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENTS AND SALES. SBA'S DETERMINATION IS NOT SUBJECT TO OUR REVIEW.

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B-210322, JAN 14, 1983

DIGEST: PROTEST AGAINST SMALL BUSINESS ADMINISTRATION (SBA) SIZE APPEALS BOARD DETERMINATION THAT AWARDEE QUALIFIED AS A SMALL BUSINESS IS DISMISSED, SINCE SBA HAS CONCLUSIVE AUTHORITY TO DETERMINE BUSINESS SIZE STATUS.

TACONIC PLASTICS LTD.:

TACONIC PLASTICS LTD. (TACONIC) PROTESTS THE DECISION OF THE SIZE APPEALS BOARD OF THE SMALL BUSINESS ADMINISTRATION (SBA) THAT SOUTHEAST INDUSTRIAL TAPE (SIT), THE AWARDEE UNDER SOLICITATION NO. DLA400-82-B 5826, A SMALL BUSINESS SET-ASIDE ISSUED BY THE DEFENSE LOGISTICS AGENCY, IS A SMALL BUSINESS MANUFACTURER OF THE END ITEM SOLICITED AND IS THEREFORE ELIGIBLE FOR AWARD AS A SMALL BUSINESS. TACONIC ARGUES THAT SIT IS NOT A SMALL BUSINESS AND PROTESTS THAT THE SBA DECISION IS INCORRECT.

UNDER 15 U.S.C. SEC. 637(B)(6) (1976), THE SBA IS EMPOWERED TO CONCLUSIVELY DETERMINE SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENTS AND SALES. THEREFORE, WE DO NOT CONSIDER SIZE STATUS PROTESTS, AND SBA'S DETERMINATION IS NOT SUBJECT TO OUR REVIEW. WATERBURY LOCK & SPECIALTY COMPANY, B-208532, SEPTEMBER 8, 1982, 82-2 CPD 210; THE WENNINGER COMPANY, INC., B-205093.2, MAY 5, 1982, 82-1 CPD 424.

WE DISMISS THE PROTEST.

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