B-198646, JUN 3, 1980

B-198646: Jun 3, 1980

Additional Materials:

Contact:

Ralph O. White
(202) 512-8278
WhiteRO@gao.gov

Kenneth E. Patton
(202) 512-8205
PattonK@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF LOW BIDDER IS NOT FOR REVIEW BY GAO. SINCE BY LAW SUCH AUTHORITY TO CONCLUSIVELY DETERMINED SIZE STATUS IS VESTED IN SMALL BUSINESS ADMINISTRATION. INTERNATIONAL CONTENDS THAT ENGINEERED IS NOT A "SMALL BUSINESS" AND THEREFORE IS INELIGIBLE FOR AWARD. WE WILL NOT CONSIDER THE PROTEST. THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO CONCLUSIVELY DETERMINE THE SMALL BUSINESS SIZE STATUS OF A BIDDER. WE ARE UNABLE TO TAKE ANY ACTION ON THE PROTEST. THE PROTEST IS DISMISSED.

B-198646, JUN 3, 1980

DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF LOW BIDDER IS NOT FOR REVIEW BY GAO, SINCE BY LAW SUCH AUTHORITY TO CONCLUSIVELY DETERMINED SIZE STATUS IS VESTED IN SMALL BUSINESS ADMINISTRATION.

INTERNATIONAL COMPUTER SOFTWARE, INC.:

INTERNATIONAL COMPUTER SOFTWARE, INC. (INTERNATIONAL) PROTESTS ANY AWARD TO ENGINEERED SYSTEM, INC., THE LOW BIDDER UNDER INVITATION FOR BIDS (IFB) NO. D/L 80-4, ISSUED BY THE DEPARTMENT OF LABOR AS A SMALL BUSINESS SET- ASIDE.

INTERNATIONAL CONTENDS THAT ENGINEERED IS NOT A "SMALL BUSINESS" AND THEREFORE IS INELIGIBLE FOR AWARD.

WE WILL NOT CONSIDER THE PROTEST. UNDER 15 U.S.C. SEC. 637(B)(6) (1976), THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO CONCLUSIVELY DETERMINE THE SMALL BUSINESS SIZE STATUS OF A BIDDER. MUNICIPAL & INDUSTRIAL PIPE SERVICES, LTD., B-192398, JULY 31, 1978, 78-2 CPD 81; UNITED STATES CERTIFICATION BUREAU, INC., B-192564, AUGUST 18, 1978, 78-2 CPD 136. CONSEQUENTLY, WE ARE UNABLE TO TAKE ANY ACTION ON THE PROTEST.

THE PROTEST IS DISMISSED.