B-204446, AUG 31, 1981
Highlights
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS IS NOT FOR CONSIDERATION BY GAO SINCE EXCLUSIVE AUTHORITY IS STATUTORILY VESTED WITH SMALL BUSINESS ADMINISTRATION. INDUSTRIAL CONTENDS THAT TRANSCO'S SIZE EXCEEDS THAT WHICH IS REQUIRED BY LAW TO QUALIFY FOR SECURITY CONTRACTS SET ASIDE FOR SMALL BUSINESS. OUR OFFICE WILL NOT REVIEW QUESTIONS OF A BIDDER'S SMALL BUSINESS SIZE STATUS. THE PROTEST IS DISMISSED.
B-204446, AUG 31, 1981
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS IS NOT FOR CONSIDERATION BY GAO SINCE EXCLUSIVE AUTHORITY IS STATUTORILY VESTED WITH SMALL BUSINESS ADMINISTRATION.
INDUSTRIAL LEASE INC. OF FAYETTEVILLE:
INDUSTRIAL LEASE INC. OF FAYETTEVILLE (INDUSTRIAL), PROTESTS ANY AWARD OF A CONTRACT TO TRANSCO SECURITY INC. OF OHIO (TRANSCO) UNDER SOLICITATION NO. 273-81-B-0019, A SMALL BUSINESS SET-ASIDE FOR SECURITY GUARD SERVICES AT THE NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES.
INDUSTRIAL CONTENDS THAT TRANSCO'S SIZE EXCEEDS THAT WHICH IS REQUIRED BY LAW TO QUALIFY FOR SECURITY CONTRACTS SET ASIDE FOR SMALL BUSINESS.
UNDER 15 U.S.C. SEC. 637(B)(6) (1976), THE SMALL BUSINESS ADMINISTRATION HAS EXCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR PROCUREMENT PURPOSES. THEREFORE, OUR OFFICE WILL NOT REVIEW QUESTIONS OF A BIDDER'S SMALL BUSINESS SIZE STATUS. SEE HOME OXYGEN & MEDICAL EQUIPMENT, INC., B-201370, DECEMBER 29, 1980, 80-2 CPD 445.
ACCORDINGLY, THE PROTEST IS DISMISSED.