B-173910, SEP 7, 1971

B-173910, SEP 7, 1971

BID PROTEST - DETERMINATIONS OF THE SMALL BUSINESS ADMINISTRATION DENIAL OF PROTEST AGAINST A FINDING BY THE SIZE APPEALS BOARD, SMALL BUSINESS ADMINISTRATION (SBA) THAT REDM CORPORATION QUALIFIED AS A SMALL BUSINESS CONCERN UNDER AN IFB ISSUED AT HILL AFB, UTAH. UNDER 15 U.S.C. 637(B)(6), A DECISION OF THE SBA REGARDING THE SIZE STATUS OF A PARTICULAR CONCERN IS CONCLUSIVE UPON THE PROCUREMENT AGENCY. THERE HAS BEEN NO EVIDENCE PRESENTED WHICH PROVIDES A BASIS FOR QUESTIONING THE BOARD'S DECISION.

TO CONTRACT MACHINING CORPORATION:

REFERENCE IS MADE TO YOUR TELEGRAM DATED AUGUST 20 AND YOUR LETTER OF AUGUST 23, 1971, WITH ENCLOSURES, PROTESTING A DECISION BY THE SIZE APPEALS BOARD, SMALL BUSINESS ADMINISTRATION (SBA) WHICH DETERMINED THAT REDM CORPORATION QUALIFIED AS A SMALL BUSINESS CONCERN UNDER INVITATION FOR BIDS NO. F42600-71-B-3253, ISSUED AT HILL AIR FORCE BASE, UTAH.

UNDER 15 U.S.C. 637(B)(6), A DECISION OF THE SBA REGARDING THE SIZE STATUS OF A PARTICULAR CONCERN IS CONCLUSIVE UPON THE PROCUREMENT AGENCY INVOLVED. 46 COMP. GEN. 898, 900 (1967); 44 COMP. GEN. 271, 273 (1964). MOREOVER, AS WE STATED IN B-150757, APRIL 8, 1963: "NEITHER OUR OFFICE NOR ANY EXECUTIVE AGENCY OF THE GOVERNMENT MAY IGNORE A DETERMINATION BY SBA AS TO THE SIZE STATUS OF A PARTICULAR CONCERN *** ."

ACCORDINGLY, SINCE YOU HAVE PRESENTED NO EVIDENCE OR ARGUMENT TO THIS OFFICE WHICH WAS NOT PRESENTED TO, AND PRESUMABLY CONSIDERED BY, SBA, WE SEE NO BASIS ON WHICH THIS OFFICE COULD PROPERLY QUESTION THE DECISION OF THE SBA SIZE APPEALS BOARD.