B-217308, DEC 17, 1984, 85-1 CPD

B-217308: Dec 17, 1984

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CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - SMALL BUSINESS ADMINISTRATION'S AUTHORITY - SIZE DETERMINATION DIGEST: PROTEST CONCERNING THE LOW BIDDER'S SMALL BUSINESS SIZE STATUS IS A MATTER FOR DECISION BY THE SMALL BUSINESS ADMINISTRATION AND IS NOT FOR GAO'S CONSIDERATION. EDWARDS CONTENDS THAT THE LOW BIDDER IS AFFILIATED WITH THREE OTHER FIRMS AND THEREFORE IS NOT A SMALL BUSINESS. WE ASSUME THAT THIS PROCUREMENT IS A SMALL BUSINESS SET-ASIDE UNDER WHICH ONLY SMALL BUSINESSES MAY RECEIVE AWARD. OUR OFFICE WILL NOT REVIEW THE QUESTION OF THE LOW BIDDER'S SMALL BUSINESS SIZE STATUS. THE PROTEST IS DISMISSED.

B-217308, DEC 17, 1984, 85-1 CPD

CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - SMALL BUSINESS ADMINISTRATION'S AUTHORITY - SIZE DETERMINATION DIGEST: PROTEST CONCERNING THE LOW BIDDER'S SMALL BUSINESS SIZE STATUS IS A MATTER FOR DECISION BY THE SMALL BUSINESS ADMINISTRATION AND IS NOT FOR GAO'S CONSIDERATION.

EDWARDS ENTERPRISES, INC.:

EDWARDS ENTERPRISES, INC., PROTESTS THE SMALL BUSINESS SIZE STATUS OF THE LOW BIDDER UNDER SOLICITATION NO. F45613-B0027 ISSUED BY THE DEPARTMENT OF THE AIR FORCE. EDWARDS CONTENDS THAT THE LOW BIDDER IS AFFILIATED WITH THREE OTHER FIRMS AND THEREFORE IS NOT A SMALL BUSINESS.

WE ASSUME THAT THIS PROCUREMENT IS A SMALL BUSINESS SET-ASIDE UNDER WHICH ONLY SMALL BUSINESSES MAY RECEIVE AWARD. UNDER 15 U.S.C. SEC. 637(B)(6) (1982), HOWEVER, THE SMALL BUSINESS ADMINISTRATION HAS THE AUTHORITY TO EXCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR PROCUREMENT PURPOSES. THEREFORE, OUR OFFICE WILL NOT REVIEW THE QUESTION OF THE LOW BIDDER'S SMALL BUSINESS SIZE STATUS. PUTNAM MILLS CORP., B-207973, JULY 6, 1982, 82-2 CPD PARA. 25.

THE PROTEST IS DISMISSED.