B-207705, JUN 11, 1982
Highlights
DIGEST: PROTEST CONCERNING THE SMALL BUSINESS SIZE STATUS OF A BIDDER IS BY LAW A MATTER FOR DECISION BY THE SMALL BUSINESS ADMINISTRATION AND NOT FOR CONSIDERATION BY GAO. CHECK-MATE CONTENDS THAT AJAX IS AFFILIATED WITH OTHER COMPANIES AND FOR THAT REASON IS NOT A SMALL BUSINESS. A SIZE PROTEST MUST BE FILED WITH THE CONTRACTING OFFICER WHO IN TURN IS TO FORWARD THE MATTER TO SBA FOR RESOLUTION. THE PROTEST IS DISMISSED.
B-207705, JUN 11, 1982
DIGEST: PROTEST CONCERNING THE SMALL BUSINESS SIZE STATUS OF A BIDDER IS BY LAW A MATTER FOR DECISION BY THE SMALL BUSINESS ADMINISTRATION AND NOT FOR CONSIDERATION BY GAO.
CHECK-MATE INDUSTRIES, INC.:
CHECK-MATE INDUSTRIES, INC. PROTESTS THE AWARD OF A CONTRACT TO AJAX HARDWARE CORPORATION UNDER SOLICITATION NO. DAAK 10-82-B-0066, A SMALL BUSINESS SET-ASIDE, ISSUED BY THE U. S. ARMY ARMAMENT RESEARCH & DEVELOPMENT COMMAND. CHECK-MATE CONTENDS THAT AJAX IS AFFILIATED WITH OTHER COMPANIES AND FOR THAT REASON IS NOT A SMALL BUSINESS.
PURSUANT TO 15 U.S.C. SEC. 637(B)(6) (1976), THE SMALL BUSINESS ADMINISTRATION (SBA) HAS CONCLUSIVE AUTHORITY TO DETERMINE THE SIZE STATUS OF A BUSINESS CONCERN. UNDER THE APPLICABLE REGULATIONS, A SIZE PROTEST MUST BE FILED WITH THE CONTRACTING OFFICER WHO IN TURN IS TO FORWARD THE MATTER TO SBA FOR RESOLUTION. DEFENSE ACQUISITION REGULATION SEC. 1- 703(B)(1). THEREFORE, OUR OFFICE DOES NOT REVIEW CHALLENGES TO A BIDDER'S SMALL BUSINESS SIZE STATUS. INDUSTRIAL LEASE, INC. OF FAYETTEVILLE, B-204446, AUGUST 31, 1981, 81-2 CPD 191.
ACCORDINGLY, THE PROTEST IS DISMISSED.