B-176101, OCT 13, 1972
Highlights
A DECISION OF THE SBA REGARDING THE SIZE STATUS OF A PARTICULAR CONCERN IS CONCLUSIVE UPON THE PROCUREMENT AGENCY INVOLVED. 46 COMP. WHICH WAS ISSUED AS A TOTAL SMALL BUSINESS SET-ASIDE BY THE DEFENSE SUPPLY AGENCY (DSA). THE QUESTION OF KINGS POINT'S SIZE STATUS WAS SUBMITTED TO THE NEW YORK REGIONAL OFFICE OF THE SMALL BUSINESS ADMINISTRATION (SBA). THE BOARD NOTIFIED THE PARTIES ON SEPTEMBER 18 OF ITS DETERMINATION THAT KINGS POINT WAS A SMALL BUSINESS UNDER THE APPLICABLE SIZE STANDARD FOR THE PROCUREMENT. A DECISION OF THE SBA REGARDING THE SIZE STATUS OF A PARTICULAR CONCERN IS CONCLUSIVE UPON THE PROCUREMENT AGENCY INVOLVED. 46 COMP. SINCE YOU HAVE NOT REQUESTED THE SIZE APPEALS BOARD TO RECONSIDER.
B-176101, OCT 13, 1972
BID PROTEST - CONCLUSIVENESS OF SBA SIZE DETERMINATION DENIAL OF PROTEST BY E.C.T. CORPORATION PROTESTING THE DETERMINATION OF THE SMALL BUSINESS SIZE STATUS OF KINGS POINT MANUFACTURING COMPANY, THE LOW BIDDER ON AN IFB ISSUED AS A TOTAL SMALL BUSINESS SET-ASIDE BY THE DEFENSE SUPPLY AGENCY, FOR A REQUIREMENT OF SKI BINDINGS. 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 (1967). MOREOVER, NEITHER GAO NOR ANY EXECUTIVE AGENCY MAY IGNORE SUCH A DETERMINATION BY SBA. ACCORDINGLY, THE PROTEST MUST BE DENIED.
TO E.C.T. CORPORATION:
WE REFER TO YOUR TELEFAX OF JUNE 1, 1972, AND YOUR LETTER OF JUNE 9, 1972, PROTESTING THE SMALL BUSINESS SIZE STATUS OF KINGS POINT MANUFACTURING COMPANY, THE LOW BIDDER UNDER INVITATION FOR BIDS (IFB) DSA100-72-B-1402, WHICH WAS ISSUED AS A TOTAL SMALL BUSINESS SET-ASIDE BY THE DEFENSE SUPPLY AGENCY (DSA), FOR A REQUIREMENT OF SKI BINDINGS.
THE RECORD INDICATES THAT, FOLLOWING YOUR PROTEST TO THIS OFFICE, THE QUESTION OF KINGS POINT'S SIZE STATUS WAS SUBMITTED TO THE NEW YORK REGIONAL OFFICE OF THE SMALL BUSINESS ADMINISTRATION (SBA), WHICH FOUND KINGS POINT TO BE A SMALL BUSINESS CONCERN. THEREAFTER, YOU APPEALED TO THE SBA SIZE APPEALS BOARD, AND THE BOARD NOTIFIED THE PARTIES ON SEPTEMBER 18 OF ITS DETERMINATION THAT KINGS POINT WAS A SMALL BUSINESS UNDER THE APPLICABLE SIZE STANDARD FOR THE PROCUREMENT.
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). 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 ***."
SINCE YOU HAVE NOT REQUESTED THE SIZE APPEALS BOARD TO RECONSIDER, AND HAVE PRESENTED NO EVIDENCE OR ARGUMENT TO THIS OFFICE THAT THE DECISION OF THE BOARD IS ARBITRARY OR CLEARLY ERRONEOUS, IT MUST ALSO BE ACCEPTED AS CONCLUSIVE BY THIS OFFICE. ACCORDINGLY, YOUR PROTEST MUST BE DENIED.