[Protest of DLA Contract Award]

B-210063: Jan 21, 1983

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A firm protested the award of any contract to a particular firm under an invitation for bids, which was a small business set-aside issued by the Defense Logistics Agency (DLA) for cloth. The protester had reason to believe that the firm in question planned to secure dyeing and finishing services from other firms. The protester contended that one firm was not a small business and that the other firm was not a source of supply because it did not give the firm in question a commitment on this procurement. The protester filed a size protest with the Small Business Administration (SBA). DLA advised GAO that the contract had not been awarded, and the bid of the firm in question was referred to SBA for a size determination. Further, DLA showed that the sources of supply were submitted with the bid, and that they were confidential. GAO held that: (1) a protest concerning bidder's small business size is for decision by SBA, not for consideration by GAO; and (2) a protest that a bidder might improperly use a source of supply that was not listed in its bid is without merit where the bidder did submit its source of supply with the bid. Accordingly, the protest was dismissed in part and denied in part.