[Protest Alleging Other Bidders Are Not Small Businesses]

B-208872: Oct 8, 1982

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A firm protested the award of any contract to either of two other firms under a solicitation issued by the Bureau of Mines. The protester contended that both bidders were ineligible for award because they were not small businesses. The protester stated that it believed that the bidders' certification of themselves as having small business status was illegal. To rule on the bidders' eligibility for award, GAO would have to consider whether those firms were small businesses under the size standard applicable to the procurements at issue. Since the Small Business Administration has exclusive authority to determine matters of small business size status for procurement purposes, GAO could not consider the matter. GAO held that, to the extent that these bidders were engaging in fraudulent bidding practices, the matter should be taken up with the Department of Justice. Accordingly, the protest was dismissed.

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