B-213586, NOV 22, 1983
Highlights
DIGEST: PROTEST AGAINST SMALL BUSINESS SIZE STANDARD CLASSIFICATION IN SOLICITATION IS NOT FOR CONSIDERATION BY GAO SINCE SMALL BUSINESS ADMINISTRATION SIZE APPEALS BOARD HAS CONCLUSIVE JURISDICTION TO ENTERTAIN APPEAL FROM CONTRACTING OFFICER'S DETERMINATION OF SUCH CLASSIFICATION. THE INITIAL DETERMINATION OF THE PRODUCT OR SERVICE CLASSIFICATION AND THE SIZE STANDARD TO BE USED FOR A SPECIFIC PROCUREMENT IS MADE BY THE CONTRACTING OFFICER WITH THE RIGHT OF APPEAL TO THE SIZE APPEALS BOARD OF THE SBA. THE SBA DETERMINATION ON ANY SIZE CLASSIFICATION IS CONCLUSIVE AND. THE PROTEST IS DISMISSED.
B-213586, NOV 22, 1983
DIGEST: PROTEST AGAINST SMALL BUSINESS SIZE STANDARD CLASSIFICATION IN SOLICITATION IS NOT FOR CONSIDERATION BY GAO SINCE SMALL BUSINESS ADMINISTRATION SIZE APPEALS BOARD HAS CONCLUSIVE JURISDICTION TO ENTERTAIN APPEAL FROM CONTRACTING OFFICER'S DETERMINATION OF SUCH CLASSIFICATION.
AUDUBON CONSTRUCTION CORPORATION:
AUDUBON CONSTRUCTION CORPORATION (AUDUBON) PROTESTS THE SMALL BUSINESS SIZE STANDARD CONTAINED IN INVITATION FOR BIDS (IFB) NO. N62467-81-B-0835 ISSUED BY THE DEPARTMENT OF THE NAVY FOR THE HANGAR DECK REPAIR AT THE NAVAL AIR STATION, NEW ORLEANS, LOUISIANA. AUDUBON CONTENDS THAT THE APPLICABLE SIZE STANDARD SHOULD BE $12 MILLION IN AVERAGE ANNUAL RECEIPTS RATHER THAN THE $5 MILLION STANDARD CONTAINED IN THE SOLICITATION.
UNDER THE SMALL BUSINESS ADMINISTRATION (SBA) REGULATIONS, THE INITIAL DETERMINATION OF THE PRODUCT OR SERVICE CLASSIFICATION AND THE SIZE STANDARD TO BE USED FOR A SPECIFIC PROCUREMENT IS MADE BY THE CONTRACTING OFFICER WITH THE RIGHT OF APPEAL TO THE SIZE APPEALS BOARD OF THE SBA. C.F.R. SECS. 121.3-8, 121.3-6 (1983). THE SBA DETERMINATION ON ANY SIZE CLASSIFICATION IS CONCLUSIVE AND, THEREFORE, OUR OFFICE DOES NOT CONSIDER SUCH MATTERS. ENVIRONMENTAL ASEPTIC SERVICES ADMINISTRATION, B-209918, DECEMBER 9, 1982, 82-2 CPD 520.
THE PROTEST IS DISMISSED.