B-216260, SEP 13, 1984, 84-2 CPD 290

B-216260: Sep 13, 1984

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CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - SMALL BUSINESS ADMINISTRATION'S AUTHORITY - SIZE DETERMINATION DIGEST: GAO WILL NOT CONSIDER A PROTEST OF A FIRM'S SMALL BUSINESS SIZE STATUS BECAUSE THE SMALL BUSINESS ADMINISTRATION HAS STATUTORY AUTHORITY TO CONCLUSIVELY DETERMINE SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENTS. A. BRAUN IS NOT A SMALL BUSINESS AND IS. THE PROTEST IS DISMISSED.

B-216260, SEP 13, 1984, 84-2 CPD 290

CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - SMALL BUSINESS ADMINISTRATION'S AUTHORITY - SIZE DETERMINATION DIGEST: GAO WILL NOT CONSIDER A PROTEST OF A FIRM'S SMALL BUSINESS SIZE STATUS BECAUSE THE SMALL BUSINESS ADMINISTRATION HAS STATUTORY AUTHORITY TO CONCLUSIVELY DETERMINE SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENTS.

EVANS INC.:

EVANS INC. (EVANS) PROTESTS THE AWARD OF A CONTRACT TO G. A. BRAUN UNDER SOLICITATION NO. 532-15-84, A SMALL BUSINESS SET-ASIDE, ISSUED BY THE VETERANS ADMINISTRATION MEDICAL CENTER, CANANDAIGUA, NEW YORK. EVANS CONTENDS THAT G. A. BRAUN IS NOT A SMALL BUSINESS AND IS, THEREFORE, INELIGIBLE FOR AWARD.

UNDER 15 U.S.C. SEC. 637(B)(6) (1982), THE SMALL BUSINESS ADMINISTRATION (SBA) HAS CONCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENTS. THEREFORE, OUR OFFICE DOES NOT CONSIDER SIZE STATUS PROTESTS. ANY SIZE STATUS CHALLENGE MUST BE MADE ACCORDING TO SBA PROCEDURES RATHER THAN THROUGH A BID PROTEST WITH OUR OFFICE. SEE EDWARDS ENTERPRISES INCORPORATED, B-208317.2, JAN. 13, 1983, 83-1 CPD PARA. 34.

THE PROTEST IS DISMISSED.