B-210580, FEB 7, 1983

B-210580: Feb 7, 1983

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DIGEST: GAO WILL NOT CONSIDER A PROTEST OF A SELECTED OFFEROR'S SMALL BUSINESS SIZE STATUS BECAUSE THE SMALL BUSINESS ADMINISTRATION. VIRGINIA - WAS TOTALLY SET ASIDE FOR SMALL BUSINESS CONCERNS. THE PROTESTER ASSERTS THAT THE OFFER OF SF&G SHOULD NOT HAVE BEEN CONSIDERED BECAUSE SF&G IS NOT A SMALL BUSINESS. WE WILL NOT CONSIDER THE PROTEST. THE PROTEST IS DISMISSED.

B-210580, FEB 7, 1983

DIGEST: GAO WILL NOT CONSIDER A PROTEST OF A SELECTED OFFEROR'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.

WILLIAMSON MACHINE CO., INC.:

WILLIAMSON MACHINE CO., INC. PROTESTS THE SMALL BUSINESS STATUS OF S.F.&G. INC. DBA MERCURY (SF&G), THE SELECTED OFFEROR UNDER REQUEST FOR PROPOSAL 1-13-5715.1892 ISSUED BY THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION. THE PROCUREMENT - FOR SUPPORT SERVICES AT LANGLEY RESEARCH CENTER, HAMPTON, VIRGINIA - WAS TOTALLY SET ASIDE FOR SMALL BUSINESS CONCERNS. THE PROTESTER ASSERTS THAT THE OFFER OF SF&G SHOULD NOT HAVE BEEN CONSIDERED BECAUSE SF&G IS NOT A SMALL BUSINESS.

WE WILL NOT CONSIDER THE PROTEST. THE SMALL BUSINESS ADMINISTRATION (SBA), NOT THIS OFFICE, HAS STATUTORY AUTHORITY TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENTS. 15 U.S.C. SEC. 637(B) (SUPP. IV 1980); KELLEY NAME PIN CO., INC., B-204735, SEPTEMBER 22, 1981, 81-2 CPD 242. ANY SIZE STATUS CHALLENGE MUST BE MADE ACCORDING TO SBA PROCEDURES, RATHER THAN THROUGH A BID PROTEST. BOBCAT OF TIDEWATER, INC., B-206949, APRIL 12, 1982, 82-1 CPD 337.

THE PROTEST IS DISMISSED.