B-201356, JAN 6, 1981

B-201356: Jan 6, 1981

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DIGEST: GAO WILL NOT REVIEW PROTESTS CONCERNING SMALL BUSINESS SIZE STATUS. SINCE SMALL BUSINESS ADMINISTRATION DETERMINATIONS OF SMALL BUSINESS SIZE STATUS ARE CONCLUSIVE. 15 U.S.C. PROTESTS THE DETERMINATION MADE BY A SMALL BUSINESS ADMINISTRATION (SBA) REGIONAL OFFICE THAT GMP IS NOT A SMALL BUSINESS. GMP ARGUES THAT IT IS A SMALL BUSINESS AND THAT THE REGIONAL OFFICE APPLIED THE SBA SIZE REGULATIONS ERRONEOUSLY. OUR OFFICE WILL NOT REVIEW SIZE STATUS DETERMINATIONS. SEC. 637(B)(6) (1976) PROVIDES THAT THE SBA WILL CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS. THE PROTEST IS DISMISSED.

B-201356, JAN 6, 1981

DIGEST: GAO WILL NOT REVIEW PROTESTS CONCERNING SMALL BUSINESS SIZE STATUS, SINCE SMALL BUSINESS ADMINISTRATION DETERMINATIONS OF SMALL BUSINESS SIZE STATUS ARE CONCLUSIVE. 15 U.S.C. SEC. 637(B)(6) (1976).

GMP SCIENTIFIC CORPORATION:

GMP SCIENTIFIC CORPORATION (GMP), THE LOW BIDDER ON SOLICITATION NO. IFB28609-80-0034, A SMALL BUSINESS SET-ASIDE, ISSUED BY THE MCGUIRE AIR FORCE BASE, PROTESTS THE DETERMINATION MADE BY A SMALL BUSINESS ADMINISTRATION (SBA) REGIONAL OFFICE THAT GMP IS NOT A SMALL BUSINESS. GMP HAS ALSO FILED AN APPEAL WITH THE SBA SIZE APPEALS BOARD APPEALING THE DETERMINATION.

GMP ARGUES THAT IT IS A SMALL BUSINESS AND THAT THE REGIONAL OFFICE APPLIED THE SBA SIZE REGULATIONS ERRONEOUSLY. OUR OFFICE WILL NOT REVIEW SIZE STATUS DETERMINATIONS, AS 15 U.S.C. SEC. 637(B)(6) (1976) PROVIDES THAT THE SBA WILL CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS. COLLINS AND COMPANY GENERAL CONTRACTING, INC., B-195932, OCTOBER 1, 1979, 79-2 CPD 234.

ACCORDINGLY, THE PROTEST IS DISMISSED.