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B-208622, SEP 15, 1982

B-208622 Sep 15, 1982
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DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF JOINT VENTURE IS NOT FOR CONSIDERATION BY GAO SINCE EXCLUSIVE AUTHORITY WITH RESPECT TO SUCH MATTERS IS. THE PROCUREMENT WAS SET ASIDE FOR SMALL BUSINESS FIRMS AND ATE CHALLENGES THE SMALL BUSINESS STATUS OF A JOINT VENTURE FORMED BY TWO OF ITS COMPETITORS. THIS PROTEST IS DISMISSED. THE SBA HAS THE AUTHORITY TO MAKE SUCH RULES AND REGULATIONS AS ARE DEEMED NECESSARY TO CARRY OUT ITS AUTHORITY WITH RESPECT TO SUCH MATTERS. IT IS THE DUTY OF SBA. TO DETERMINE WHETHER A CONCERN OR A COMBINATION OF CONCERNS IS A SMALL BUSINESS FOR PURPOSES OF A PARTICULAR PROCUREMENT AND SBA'S DETERMINATION IS CONCLUSIVE UPON THE PROCUREMENT AGENCY INVOLVED.

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B-208622, SEP 15, 1982

DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF JOINT VENTURE IS NOT FOR CONSIDERATION BY GAO SINCE EXCLUSIVE AUTHORITY WITH RESPECT TO SUCH MATTERS IS, BY STATUTE, VESTED IN SMALL BUSINESS ADMINISTRATION.

ATE ASSOCIATES, INC.:

ATE ASSOCIATES, INC. PROTESTS AWARD TO ANY OF ITS COMPETITORS UNDER REQUEST FOR PROPOSALS NO. N00421-82-R-0003 ISSUED BY THE NAVAL AIR STATION, PATUXENT RIVER MARYLAND. THE PROCUREMENT WAS SET ASIDE FOR SMALL BUSINESS FIRMS AND ATE CHALLENGES THE SMALL BUSINESS STATUS OF A JOINT VENTURE FORMED BY TWO OF ITS COMPETITORS. THIS PROTEST IS DISMISSED. ADMINISTRATION HAS EXCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR PROCUREMENT PURPOSES. UNDER THIS STATUTE, THE SBA HAS THE AUTHORITY TO MAKE SUCH RULES AND REGULATIONS AS ARE DEEMED NECESSARY TO CARRY OUT ITS AUTHORITY WITH RESPECT TO SUCH MATTERS.

IT IS THE DUTY OF SBA, NOT THIS OFFICE, TO DETERMINE WHETHER A CONCERN OR A COMBINATION OF CONCERNS IS A SMALL BUSINESS FOR PURPOSES OF A PARTICULAR PROCUREMENT AND SBA'S DETERMINATION IS CONCLUSIVE UPON THE PROCUREMENT AGENCY INVOLVED. DOT SYSTEMS, INC., B-205421, NOVEMBER 19, 1981, 82-1 CPD 38; EDMONDS MECHANICAL CONTRACTOR, INC., B-206194, FEBRUARY 4, 1982, 82-1 CPD 96.

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