B-190128, SEPTEMBER 29, 1977

B-190128: Sep 29, 1977

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QUESTION CONCERNING SMALL BUSINESS SIZE STATUS OF BIDDER IS NOT FOR CONSIDERATION BY GAO SINCE CONCLUSIVE AUTHORITY OVER QUESTION IS VESTED BY STATUTE IN SBA. WALCO ALLEGES THAT THE APPARENT LOW BIDDER IS INELIGIBLE FOR AWARD SINCE THE PROCUREMENT IS A 100-PERCENT SMALL BUSINESS SET-ASIDE AND THE APPARENT LOW BIDDER IS NOT A SMALL BUSINESS CONCERN. THE PROTEST IS DISMISSED.

B-190128, SEPTEMBER 29, 1977

QUESTION CONCERNING SMALL BUSINESS SIZE STATUS OF BIDDER IS NOT FOR CONSIDERATION BY GAO SINCE CONCLUSIVE AUTHORITY OVER QUESTION IS VESTED BY STATUTE IN SBA.

WALCO POWER SERVICE, INC.:

WALCO POWER SERVICE, INC. (WALCO), HAS PROTESTED THE PROPOSED AWARD OF A CONTRACT BY THE VETERANS ADMINISTRATION, UNDER PROJECT NO. 76 101. WALCO ALLEGES THAT THE APPARENT LOW BIDDER IS INELIGIBLE FOR AWARD SINCE THE PROCUREMENT IS A 100-PERCENT SMALL BUSINESS SET-ASIDE AND THE APPARENT LOW BIDDER IS NOT A SMALL BUSINESS CONCERN.

THE SMALL BUSINESS ADMINISTRATION HAS BEEN GRANTED CONCLUSIVE AUTHORITY UNDER 15 U.S.C. 637(B)(6) (1970) TO DETERMINE THE SIZE OF SMALL BUSINESS CONCERNS FOR PROCUREMENT PURPOSES. THEREFORE, OUR OFFICE DOES NOT REVIEW QUESTIONS OF A BIDDER'S SMALL BUSINESS SIZE STATUS. WHITE BROTHERS TRUCKING COMPANY, B-187392, DECEMBER 23, 1976, 76-2 CPD 530.

ACCORDINGLY, THE PROTEST IS DISMISSED.

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