Protest of Small Business Set-Aside Contract Award

B-200502: Oct 15, 1980

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A firm protested the award of a contract by General Services Administration (GSA) to any other firm. The record showed that, although the protester's proposal was found to be technically acceptable, GSA was uncertain whether the protester, a nonprofit organization, qualified for the award as a small business concern. Consequently, the matter was referred to the Small Business Administration (SBA) for a size status determination. SBA found the protester ineligible for the subject set-aside due to its nonprofit status. The protester contended that the rejection of its proposal on the basis of an adverse size determination was improper since its technical proposal was acceptable, its small business certification was made in good faith, and the solicitation definitions and references regarding small businesses were misleading. SBA is empowered by statute to conclusively determine matters of small business size status for Federal procurement purposes. Such determinations are not subject to review by GAO. Accordingly, the protest was denied.