B-179737, MAY 13, 1974

B-179737, MAY 13, 1974

GAO MAY NOT CONSIDER CONTENTION THAT SBA SIZE APPEALS BOARD ERRONEOUSLY DETERMINED SUCCESSFUL OFFEROR FOR TIMBER SALES CONTRACT TO BE SMALL BUSINESS SINCE DECISION BY SBA REGARDING SIZE STATUS IS CONCLUSIVE. U.S.C. 637(B)(6).

TO FORT VANCOUVER PLYWOOD COMPANY:

IN LETTER OF APRIL 2, 1974, AND PRIOR CORRESPONDENCE, FORT VANCOUVER PLYWOOD COMPANY (FORT VANCOUVER) PROTESTED AGAINST AWARDS TO CAFFALL BROTHERS FOREST PRODUCTS, INC. (CAFFALL BROTHERS), BY THE UNITED STATES FOREST SERVICE OF THE "PEACE," "SATURDAY," "SUNDAY" AND "ANDY" TIMBER SALES IN TWO DISTRICTS OF THE GIFFORD PINCHOT NATIONAL FOREST.

THE BASIS FOR THE PROTEST IS THAT CAFFALL BROTHERS HAS BEEN ERRONEOUSLY DETERMINED BY THE SIZE APPEALS BOARD OF THE SMALL BUSINESS ADMINISTRATION TO BE A SMALL BUSINESS CONCERN. FORT VANCOUVER CONTENDS THAT CAFFALL BROTHERS IS A LARGE BUSINESS AND, THEREFORE, SHOULD HAVE BEEN DECLARED INELIGIBLE FOR AWARD AS THE SALES WERE SMALL BUSINESS SET ASIDES. AS WE ADVISED THE ATTORNEYS FOR THE PROTESTER IN OUR DECISION OF NOVEMBER 28, 1973, UNDER 15 U.S.C. 637(B)(6), A DECISION OF THE SMALL BUSINESS ADMINISTRATION REGARDING THE SIZE STATUS OF A CONCERN IS CONCLUSIVE AND MAY NOT BE IGNORED BY OUR OFFICE. 46 COMP. GEN. 898 (1967) AND 51 ID. 531 (1971).

IN VIEW OF THE ABOVE, WE HAVE NO CHOICE BUT TO CLOSE OUR FILES ON THE MATTER WITHOUT FURTHER ACTION.