B-193819, JANUARY 30, 1979

B-193819: Jan 30, 1979

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DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF LOW BIDDER IS NOT SUBJECT TO REVIEW BY GAO SINCE BY LAW IT IS MATTER FOR DECISION BY SBA. THE IFB WAS DESIGNATED AS A SMALL BUSINESS SET-ASIDE. ADVANCE CONTENDS THAT NORTHERN DOES NOT QUALIFY AS A SMALL BUSINESS CONCERN BECAUSE NORTHERN IS AFFILIATED WITH KENTUCKY BUILDING MAINTENANCE. WHICH IS NOT CLASSIFIED AS A SMALL BUSINESS. THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. ACCORDINGLY THE PROTEST IS DISMISSED.

B-193819, JANUARY 30, 1979

DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF LOW BIDDER IS NOT SUBJECT TO REVIEW BY GAO SINCE BY LAW IT IS MATTER FOR DECISION BY SBA.

ADVANCE BUILDING MAINTENANCE CO.:

ADVANCE BUILDING MAINTENANCE CO. (ADVANCE) PROTESTS AWARD OF A CONTRACT BY THE DEPARTMENT OF THE ARMY TO NORTHERN VIRGINIA SERVICE CORP. (NORTHERN), THE APPARENT LOW BIDDER, UNDER INVITATION FOR BIDS NO. DADA15- 79-B-0003 FOR JANITORIAL SERVICES. THE IFB WAS DESIGNATED AS A SMALL BUSINESS SET-ASIDE.

ADVANCE CONTENDS THAT NORTHERN DOES NOT QUALIFY AS A SMALL BUSINESS CONCERN BECAUSE NORTHERN IS AFFILIATED WITH KENTUCKY BUILDING MAINTENANCE, INC., WHICH IS NOT CLASSIFIED AS A SMALL BUSINESS.

UNDER 15 U.S.C. 637(B) (1976), THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. SEE MUNICIPAL & INDUSTRIAL PIPE SERVICES, LTD., B-192398, JULY 31, 1978, 78-2 CPD 81.

ACCORDINGLY THE PROTEST IS DISMISSED.