B-192398, JUL 31, 1978
Highlights
DIGEST: PROTEST CONCERNING SBA SIZE STATUS OF LOW AND SECOND LOW BIDDERS IS NOT FOR CONSIDERATION BY GAO SINCE BY LAW IT IS MATTER FOR DECISION BY SBA. MUNICIPAL CONTENDS THAT THE LOW AND SECOND LOW BIDDERS DO NOT QUALIFY AS SMALL BUSINESS CONCERNS SINCE THEIR SALES ARE IN EXCESS OF $10 MILLION ANNUALLY. THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE FOR FEDERAL PROCUREMENT AND SALES PURPOSES. THE PROTEST IS DISMISSED.
B-192398, JUL 31, 1978
DIGEST: PROTEST CONCERNING SBA SIZE STATUS OF LOW AND SECOND LOW BIDDERS IS NOT FOR CONSIDERATION BY GAO SINCE BY LAW IT IS MATTER FOR DECISION BY SBA.
MUNICIPAL & INDUSTRIAL PIPE SERVICES, LTD.:
MUNICIPAL & INDUSTRIAL PIPE SERVICES, LTD. (MUNICIPAL), PROTESTS AWARD OF THE LITTLE ROCK AIR FORCE BASE, ARKANSAS, PROJECT LRK 118-6 II TO PENETRYN SYSTEMS, THE LOW BIDDER. MUNICIPAL CONTENDS THAT THE LOW AND SECOND LOW BIDDERS DO NOT QUALIFY AS SMALL BUSINESS CONCERNS SINCE THEIR SALES ARE IN EXCESS OF $10 MILLION ANNUALLY.
UNDER 15 U.S.C. SEC. 637(B) (1976), THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE FOR FEDERAL PROCUREMENT AND SALES PURPOSES. SEE MANN'S CONSTRUCTION CO., B-191462(2), MARCH 29, 1978, 78-1 CPD 245.
ACCORDINGLY, THE PROTEST IS DISMISSED.