B-212023, JUN 24, 1983
Highlights
DIGEST: PROTEST IS DISMISSED WHERE PROCUREMENT IS A 100-PERCENT SMALL BUSINESS SET-ASIDE AND THE SMALL BUSINESS ADMINISTRATION HAS DETERMINED THAT PROTESTER IS NOT A SMALL BUSINESS AND. THE PROTEST IS DISMISSED. DLA HAS INFORMED THIS OFFICE THAT THE PROCUREMENT IS A 100-PERCENT SMALL BUSINESS SET-ASIDE AND THE SMALL BUSINESS ADMINISTRATION (SBA) HAS DETERMINED THAT GIBRALTAR IS NOT A SMALL BUSINESS FOR THIS PROCUREMENT. GAO WILL NOT REVIEW SBA'S DETERMINATION THAT GIBRALTAR IS NOT A SMALL BUSINESS. GIBRALTAR IS NOT ELIGIBLE FOR AN AWARD UNDER THIS IFB AND GIBRALTAR HAS NOT CHALLENGED THE PROPRIETY OF THE SMALL BUSINESS SET-ASIDE. WE FIND THAT IT IS NOT AN INTERESTED PARTY TO PROTEST UNDER THE SOLICITATION.
B-212023, JUN 24, 1983
DIGEST: PROTEST IS DISMISSED WHERE PROCUREMENT IS A 100-PERCENT SMALL BUSINESS SET-ASIDE AND THE SMALL BUSINESS ADMINISTRATION HAS DETERMINED THAT PROTESTER IS NOT A SMALL BUSINESS AND, THEREFORE, NOT AN INTERESTED PARTY TO CHALLENGE AWARD TO ANOTHER BIDDER.
GIBRALTAR INDUSTRIES, INC.:
GIBRALTAR INDUSTRIES, INC. (GIBRALTER), PROTESTS THE AWARD OF A CONTRACT TO ANY FIRM OTHER THAN GIBRALTAR UNDER DEFENSE LOGISTICS AGENCY (DLA) INVITATION FOR BIDS (IFB) NO. DLA100-83-B-0579. GIBRALTAR ALLEGES THAT THE OTHER BIDDERS CANNOT MEET THE SOLICITATION'S DELIVERY TERMS.
THE PROTEST IS DISMISSED.
DLA HAS INFORMED THIS OFFICE THAT THE PROCUREMENT IS A 100-PERCENT SMALL BUSINESS SET-ASIDE AND THE SMALL BUSINESS ADMINISTRATION (SBA) HAS DETERMINED THAT GIBRALTAR IS NOT A SMALL BUSINESS FOR THIS PROCUREMENT. UNDER 15 U.S.C. SEC. 637(B)(6) (1976), SBA HAS CONCLUSIVE AUTHORITY TO DETERMINE SMALL BUSINESS SIZE STATUS FOR PROCUREMENT PURPOSES. THEREFORE, GAO WILL NOT REVIEW SBA'S DETERMINATION THAT GIBRALTAR IS NOT A SMALL BUSINESS. DOLE MANUFACTURING COMPANY, B-205959, JANUARY 11, 1982, 82-1 CPD 28.
SINCE, AS A LARGE BUSINESS, GIBRALTAR IS NOT ELIGIBLE FOR AN AWARD UNDER THIS IFB AND GIBRALTAR HAS NOT CHALLENGED THE PROPRIETY OF THE SMALL BUSINESS SET-ASIDE, WE FIND THAT IT IS NOT AN INTERESTED PARTY TO PROTEST UNDER THE SOLICITATION. ACCORDINGLY, WE WILL NOT CONSIDER THIS PROTEST ON THE MERITS. SEE WORLDWIDE SERVICES, INC., B-206413, JUNE 22, 1982, 82-1 CPD 615.