B-194806, MAY 29, 1979
Highlights
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS IS BY LAW MATTER FOR DECISION BY SBA AND NOT FOR CONSIDERATION BY GAO. THE SUBJECT PROCUREMENT IS A PARTIAL SMALL BUSINESS SET ASIDE. WINFIELD CONTENDS THAT IT IS THE LOW RESPONSIVE AND RESPONSIBLE BIDDER ON THE PROCUREMENT. WINFIELD STATES THAT IT HAD BEEN AWARDED THE UNRESTRICTED PORTION OF THE CONTRACT AND ARGUES THAT SINCE WINFIELD WAS A LEGITIMATE SMALL BUSINESS AS OF THE DATE OF BID OPENING. IT IS ENTITLED TO THE SET-ASIDE PORTION OF THE IFB. THE SBA IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES AND ITS DETERMINATION IS NOT SUBJECT TO GAO REVIEW. WHICH DECISIONS ARE FINAL.
B-194806, MAY 29, 1979
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS IS BY LAW MATTER FOR DECISION BY SBA AND NOT FOR CONSIDERATION BY GAO.
WINFIELD MANUFACTURING CO., INC.:
WINFIELD MANUFACTURING CO., INC. (WINFIELD), PROTESTS THE AWARD OF A CONTRACT BY THE DEFENSE LOGISTICS AGENCY TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS (IFB) NO. DLA100-79-B-0261. THE SUBJECT PROCUREMENT IS A PARTIAL SMALL BUSINESS SET ASIDE.
WINFIELD CONTENDS THAT IT IS THE LOW RESPONSIVE AND RESPONSIBLE BIDDER ON THE PROCUREMENT. WINFIELD STATES THAT IT HAD BEEN AWARDED THE UNRESTRICTED PORTION OF THE CONTRACT AND ARGUES THAT SINCE WINFIELD WAS A LEGITIMATE SMALL BUSINESS AS OF THE DATE OF BID OPENING, IT IS ENTITLED TO THE SET-ASIDE PORTION OF THE IFB. WINFIELD HAS NOTIFIED OUR OFFICE THAT THE SMALL BUSINESS ADMINISTRATION (SBA) HAS DETERMINED ITS FIRM TO BE OTHER THAN SMALL BUSINESS.
UNDER 15 U.S.C. SEC. 637(B) (1976), THE SBA IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES AND ITS DETERMINATION IS NOT SUBJECT TO GAO REVIEW. CARDAN COMPANY, B-193839, JANUARY 31, 1979, 79-1 CPD 76; MANN'S CONSTRUCTION CO., B-191462(2), MARCH 29, 1978, 78-1 CPD 245. WE NOTE THAT WINFIELD HAS FILED AN APPEAL WITH THE SBA SIZE APPEALS BOARD, WHICH DECISIONS ARE FINAL. MOOREHEAD ELECTRIC CO., INC., B-192075, AUGUST 9, 1978, 78-2 CPD 109.
THEREFORE, THE PROTEST IS DISMISSED.