B-209856, DEC 8, 1982
Highlights
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF BIDDER IS BY STATUTE FOR CONCLUSIVE DETERMINATION BY THE SMALL BUSINESS ADMINISTRATION AND IS NOT SUBJECT TO CONSIDERATION BY GAO. THE PROTEST IS DISMISSED.
B-209856, DEC 8, 1982
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF BIDDER IS BY STATUTE FOR CONCLUSIVE DETERMINATION BY THE SMALL BUSINESS ADMINISTRATION AND IS NOT SUBJECT TO CONSIDERATION BY GAO.
GENERAL AERO PRODUCTS CORPORATION:
GENERAL AERO PRODUCTS CORPORATION (GENERAL) PROTESTS AWARD TO KINGS ELECTRONICS UNDER INVITATION FOR BIDS DLA900-82-B-6222 ISSUED BY THE DEFENSE LOGISTICS AGENCY. GENERAL CONTENDS THAT KINGS ELECTRONICS MAY NOT BE A SMALL BUSINESS BECAUSE THE NUMBER OF ITS EMPLOYEES EXCEEDS THE 500- EMPLOYEE LIMIT SET FORTH IN THE SOLICITATION.
SINCE, UNDER 15 U.S.C. SEC. 637(B)(6) (1976), THE SMALL BUSINESS ADMINISTRATION HAS CONCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES, OUR OFFICE DOES NOT REVIEW SIZE STATUS PROTESTS. SEE TGR-342 CONSTRUCTION CO., INC., B-208923, SEPTEMBER 23, 1982, 82-2 CPD 266; CHECK-MATE INDUSTRIES, INC., B-207705, JUNE 11, 1982, 82-1 CPD 569.
THE PROTEST IS DISMISSED.