B-202435, MAR 31, 1981
Highlights
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF AWARDEE WILL NOT BE CONSIDERED BY GAO SINCE AUTHORITY TO CONCLUSIVELY DETERMINE SIZE STATUS IS VESTED IN SMALL BUSINESS ADMINISTRATION. JAN CONTENDS THAT HALL-MARK IS NOT A SMALL BUSINESS AND THEREFORE IS INELIGIBLE FOR AWARD. WE WILL NOT CONSIDER THE PROTEST. THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. THE PROTEST IS DISMISSED.
B-202435, MAR 31, 1981
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF AWARDEE WILL NOT BE CONSIDERED BY GAO SINCE AUTHORITY TO CONCLUSIVELY DETERMINE SIZE STATUS IS VESTED IN SMALL BUSINESS ADMINISTRATION.
JAN DEVICES, INC.:
JAN DEVICES, INC., PROTESTS THE AWARD OF A CONTRACT BY THE DEPARTMENT OF THE ARMY TO HALL-MARK ELECTRONICS CORPORATION UNDER SOLICITATION NO. QW62DDN1042-0422, A SMALL BUSINESS SET-ASIDE. JAN CONTENDS THAT HALL-MARK IS NOT A SMALL BUSINESS AND THEREFORE IS INELIGIBLE FOR AWARD.
WE WILL NOT CONSIDER THE PROTEST. UNDER 15 U.S.C. SEC. 637(B) (SUPP. III 1979), THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. GATEWAY VAN & STORAGE COMPANY, B-198900, JULY 1, 1980, 80-2 CPD 4; INTERNATIONAL COMPUTER SOFTWARE, INC., B-198646, JUNE 3, 1980, 80-1 CPD 380.
THE PROTEST IS DISMISSED.