Protest of Defense Logistics Agency Proposed Award

B-206267: Feb 17, 1982

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A firm protested the proposed award of a contract under a solicitation issued by the Defense Logistics Agency (DLA). The solicitation was for a small business set-aside, and the protester argued that the awardee was not a small business. It also asserted that the Small Business Administration (SBA) was considering a size appeal concerning the awardee in connection with another DLA solicitation. The protester suggested that it was unnecessary for it to appeal the awardee's size for purposes of the protested award, but instead requested that the award be withheld until SBA concluded its review in the other procurement. SBA is empowered to make conclusive determinations on matters of small business size status; therefore, GAO would not consider the size status argument. GAO has no authority to order that an award under a small business set-aside be withheld pending an SBA final determination of the proposed awardee's small business size status. Accordingly, the protest was dismissed.

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