B-195844, OCT 12, 1979
Highlights
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS IS NOT FOR CONSIDERATION BY GAO SINCE BY LAW MATTER IS FOR DECISION BY SMALL BUSINESS ADMINISTRATION. THE PROTESTER CONTENDS THAT TRANSCO IS INELIGIBLE FOR THE AWARD ON THE BASIS THAT THE FIRM "IS KNOWN IN THE INDUSTRY AS A LARGE BUSINESS CONCERN.". THE SMALL BUSINESS ADMINISTRATION (SBA) IS EMPOWERED TO CONCLUSIVELY DETERMINE SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. WE HAVE BEEN INFORMALLY ADVISED BY THE AIR FORCE THAT THE MATTER HAS BEEN REFERRED TO THE SBA FOR DETERMINATION. THE PROTEST THEREFORE IS DISMISSED.
B-195844, OCT 12, 1979
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS IS NOT FOR CONSIDERATION BY GAO SINCE BY LAW MATTER IS FOR DECISION BY SMALL BUSINESS ADMINISTRATION.
SECURITY UNLIMITED ENTERPRISES, INC.:
SECURITY UNLIMITED ENTERPRISES, INC., PROTESTS THE PROPOSED AWARD OF A CONTRACT TO TRANSCO SECURITY, INC., THE LOW BIDDER UNDER SOLICITATION NO. F32605-79-B-0036, A SMALL BUSINESS SET-ASIDE ISSUED BY THE DEPARTMENT OF THE AIR FORCE. THE PROTESTER CONTENDS THAT TRANSCO IS INELIGIBLE FOR THE AWARD ON THE BASIS THAT THE FIRM "IS KNOWN IN THE INDUSTRY AS A LARGE BUSINESS CONCERN."
UNDER 15 U.S.C. SEC. 637(B)(6) (1976), THE SMALL BUSINESS ADMINISTRATION (SBA) IS EMPOWERED TO CONCLUSIVELY DETERMINE SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. CARDAN COMPANY, B-193839, JANUARY 31, 1979, 79-1 CPD 76; UNITED STATES CERTIFICATION BUREAU, INC., B-192564, AUGUST 18, 1978, 78-2 CPD 136. IN THIS CONNECTION, WE HAVE BEEN INFORMALLY ADVISED BY THE AIR FORCE THAT THE MATTER HAS BEEN REFERRED TO THE SBA FOR DETERMINATION.
THE PROTEST THEREFORE IS DISMISSED.