B-185406, DEC 10, 1975
Highlights
PROTEST WHICH QUESTIONS SMALL BUSINESS STATUS OF ANOTHER BIDDER IS MATTER FOR CONSIDERATION BY SMALL BUSINESS ADMINISTRATION UNDER 15 U.S.C. BOTH IFB'S WERE SMALL BUSINESS SET-ASIDES. WELMETCO CONTENDS THE AWARDS TO EASTERN WERE IMPROPER BECAUSE EASTERN IS NOT A SMALL BUSINESS UNDER THE APPLICABLE SIZE STANDARD. SEC. 637(B)(6) (1970) THE SBA IS EMPOWERED TO DETERMINE A BUSINESS CONCERN'S SIZE STATUS FOR PROCUREMENT PURPOSES. OFFICES OF THE GOVERNMENT HAVING PROCUREMENT POWERS MUST ACCEPT AS CONCLUSIVE ANY DETERMINATION REACHED BY THE SBA AS TO WHICH CONCERNS ARE TO BE DESIGNATED AS SMALL BUSINESS. AS IT IS THE DUTY OF SBA. THE PROTEST IS NOT FOR CONSIDERATION BY OUR OFFICE AND WE ARE CLOSING OUR FILE ON THE MATTER WITHOUT FURTHER ACTION.
B-185406, DEC 10, 1975
PROTEST WHICH QUESTIONS SMALL BUSINESS STATUS OF ANOTHER BIDDER IS MATTER FOR CONSIDERATION BY SMALL BUSINESS ADMINISTRATION UNDER 15 U.S.C. SEC. 637(B)(6) (1970), AND NOT GAO.
WELMETCO, LTD.:
WELMETCO, LTD. (WELMETCO), HAS PROTESTED THE AWARD OF CONTRACTS TO EASTERN CANVAS PRODUCTS, INC. (EASTERN), UNDER INVITATIONS FOR BIDS (IFB) NOS. DSA100-76-B-0394 AND DSA100-76-B-0326 ISSUED BY THE DEFENSE PERSONNEL SUPPORT CENTER, PHILADELPHIA, PENNSYLVANIA. BOTH IFB'S WERE SMALL BUSINESS SET-ASIDES.
WELMETCO CONTENDS THE AWARDS TO EASTERN WERE IMPROPER BECAUSE EASTERN IS NOT A SMALL BUSINESS UNDER THE APPLICABLE SIZE STANDARD. WELMETCO PROTESTED THE SIZE STATUS OF EASTERN TO THE CONTRACTING OFFICER WHO FORWARDED THE PROTEST TO THE SMALL BUSINESS ADMINISTRATION REGIONAL OFFICE (SBA), BOSTON, MASSACHUSETTS. THE SBA FOUND EASTERN TO BE A SMALL BUSINESS AND WELMETCO HAS APPEALED THIS DECISION TO THE SBA SIZE APPEALS BOARD.
PURSUANT TO 15 U.S.C. SEC. 637(B)(6) (1970) THE SBA IS EMPOWERED TO DETERMINE A BUSINESS CONCERN'S SIZE STATUS FOR PROCUREMENT PURPOSES. OFFICES OF THE GOVERNMENT HAVING PROCUREMENT POWERS MUST ACCEPT AS CONCLUSIVE ANY DETERMINATION REACHED BY THE SBA AS TO WHICH CONCERNS ARE TO BE DESIGNATED AS SMALL BUSINESS.
AS IT IS THE DUTY OF SBA, RATHER THAN GAO, TO DETERMINE THE SIZE STATUS OF A CONCERN, THE PROTEST IS NOT FOR CONSIDERATION BY OUR OFFICE AND WE ARE CLOSING OUR FILE ON THE MATTER WITHOUT FURTHER ACTION.