B-213920, DEC 28, 1983
Highlights
DIGEST: SINCE THE SMALL BUSINESS ADMINISTRATION IS VESTED WITH CONCLUSIVE AUTHORITY TO DETERMINE WHETHER A CONCERN QUALIFIES AS A SMALL BUSINESS. GAO WILL NOT REVIEW PROTESTS OF A CONCERN'S SMALL BUSINESS SIZE STATUS. THE IFB APPARENTLY WAS SET ASIDE FOR SMALL BUSINESS. THE PROTESTER CONTENDS THAT IEM IS AFFILIATED WITH A LARGE BUSINESS CONCERN AND THUS IS INELIGIBLE FOR THE AWARD. THE SMALL BUSINESS ADMINISTRATION (SBA) IS VESTED WITH CONCLUSIVE AUTHORITY TO DETERMINE THE SIZE STATUS OF A BUSINESS CONCERN FOR PURPOSES OF ELIGIBILITY FOR SET-ASIDE AWARDS. OUR OFFICE THUS WILL NOT REVIEW SIZE STATUS PROTESTS. THE PROTEST IS DISMISSED.
B-213920, DEC 28, 1983
DIGEST: SINCE THE SMALL BUSINESS ADMINISTRATION IS VESTED WITH CONCLUSIVE AUTHORITY TO DETERMINE WHETHER A CONCERN QUALIFIES AS A SMALL BUSINESS, GAO WILL NOT REVIEW PROTESTS OF A CONCERN'S SMALL BUSINESS SIZE STATUS.
CUSTODIAL GUIDANCE SYSTEMS, INC.:
CUSTODIAL GUIDANCE SYSTEMS, INC. PROTESTS THE PROPOSED AWARD OF A CONTRACT TO IEM, INC. UNDER INVITATION FOR BIDS (IFB) NO. DAAD05-83-B 5114, ISSUED BY THE DEPARTMENT OF THE ARMY. THE IFB APPARENTLY WAS SET ASIDE FOR SMALL BUSINESS. THE PROTESTER CONTENDS THAT IEM IS AFFILIATED WITH A LARGE BUSINESS CONCERN AND THUS IS INELIGIBLE FOR THE AWARD. DISMISS THE PROTEST.
THE SMALL BUSINESS ADMINISTRATION (SBA) IS VESTED WITH CONCLUSIVE AUTHORITY TO DETERMINE THE SIZE STATUS OF A BUSINESS CONCERN FOR PURPOSES OF ELIGIBILITY FOR SET-ASIDE AWARDS. SEE 15 U.S.C. SEC. 637(B)(6) (1982). UNDER THE APPLICABLE REGULATIONS, A PROTEST OF A BIDDER'S SMALL BUSINESS SIZE STATUS MUST BE FILED WITH THE CONTRACTING OFFICER WHO IN TURN FORWARDS THE MATTER TO THE SBA FOR RESOLUTION. DEFENSE ACQUISITION REGULATION SEC. 1-703(B)(1). OUR OFFICE THUS WILL NOT REVIEW SIZE STATUS PROTESTS. S&B INDUSTRIAL CLEANING DIVISION, B-211670, MAY 18, 1983, 83-1 CPD 529.
THE PROTEST IS DISMISSED.