Protest Concerning Small Business Size Status

B-202955.2: Jun 30, 1981

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A small business firm requested reconsideration of a decision which dismissed its contract award protest. In that decision, the first issue concerning the awardee's small business size status was dismissed because only the Small Business Administration (SBA) has the authority to determine matters of small business size status. The second issue was not considered because GAO does not review affirmative determinations of bidders' responsibility. In its request for reconsideration, the firm contended that GAO: (1) ignored the issue of the awardee's dominance in the industry, (2) did not provide the firm with a copy of the General Services Administration (GSA) report on the protest, and (3) did not hold a conference on the protest as the firm requested. GAO held that: (1) the awardee's dominance in the industry is a matter exclusively for SBA consideration, (2) no GSA report on the protest was sent to the firm because none existed, and (3) in such cases, GAO will not conduct a bid protest conference. Accordingly, the prior decision was affirmed.