Protest of Small Business Set-Aside Award by Navy

B-203030: May 7, 1981

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A firm protested the award of a contract which was a small business set-aside. The protester contended that the awardee did not qualify as a small business concern because it has no independent existence but rather was part of a large business firm. The protester also stated that, because the awardee lacked its own facilities, it did not qualify as a manufacturer or regular dealer under the Walsh-Healey Act. GAO does not review size status protests since the Small Business Administration (SBA) is empowered to conclusively determine matters of small business size for Federal procurement purposes. The determination of whether a small business firm is a manufacturer or a dealer under the Walsh-Healey Act rests with the contracting agency, subject to review by the SBA and Department of Labor. The protest was dismissed.

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