B-212172.2, NOV 14, 1983

B-212172.2, NOV 14, 1983

DIGEST: GAO WILL NOT CONSIDER A PROTEST OF ANOTHER BIDDER'S SMALL BUSINESS SIZE STATUS BECAUSE THE SMALL BUSINESS ADMINISTRATION, NOT GAO, HAS STATUTORY AUTHORITY TO CONCLUSIVELY DETERMINE SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENTS.

DIXIE ENTERPRISES, INC.:

DIXIE ENTERPRISES, INC. (DIXIE), PROTESTS AWARD OF A CONTRACT TO DEVELOPMENT SERVICES CENTER BY THE DEPARTMENT OF THE AIR FORCE UNDER SOLICITATION NO. F11602-83-B-0012, A SMALL BUSINESS SET-ASIDE. DIXIE CONTENDS THAT DEVELOPMENT SERVICES CENTER EXCEEDS THE SMALL BUSINESS SIZE STANDARD APPLICABLE TO THE PROCUREMENT.

WE WILL NOT CONSIDER THE PROTEST. UNDER 15 U.S.C. SEC. 637(B)(6) (1982), THE SMALL BUSINESS ADMINISTRATION (SBA) HAS CONCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENTS. ARCATA ASSOCIATES, INC., B-210315, JANUARY 11, 1983, 83-1 CPD 30. ANY SIZE STATUS CHALLENGE MUST BE MADE ACCORDING TO SBA PROCEDURES RATHER THAN THROUGH A BID PROTEST. EDWARDS ENTERPRISES INCORPORATED, B-208317.2, JANUARY 13, 1983, 83-1 CPD 34.

IN THIS REGARD, DEFENSE ACQUISITION REGULATION SEC. 1-703(B)(1) (1976 ED.) SETS FORTH THE EXACT PROCEDURE FOR FILING A SIZE STATUS PROTEST.

THE PROTEST IS DISMISSED.