B-212513, AUG 8, 1983
Highlights
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF BIDDER IS NOT FOR CONSIDERATION BY GAO SINCE EXCLUSIVE JURISDICTION WITH RESPECT TO SUCH MATTERS IS STATUTORILY VESTED IN THE SMALL BUSINESS ADMINISTRATION. CULLIGAN CONTENDS THAT THE SMALL BUSINESS ADMINISTRATION (SBA) INCORRECTLY DETERMINED THAT CULLIGAN IS NOT A SMALL BUSINESS CONCERN. THE SBA IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENTS. THE SBA SIZE APPEALS BOARD IS THE PROPER FORUM TO REVIEW A REGIONAL SBA SIZE DETERMINATION. THE PROTEST IS DISMISSED.
B-212513, AUG 8, 1983
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF BIDDER IS NOT FOR CONSIDERATION BY GAO SINCE EXCLUSIVE JURISDICTION WITH RESPECT TO SUCH MATTERS IS STATUTORILY VESTED IN THE SMALL BUSINESS ADMINISTRATION.
CULLIGAN FIRE-PROTECTION, INC.:
CULLIGAN FIRE-PROTECTION, INC. (CULLIGAN), PROTESTS ANY AWARD OF A CONTRACT UNDER SOLICITATION NO. 583-40-83, A SMALL BUSINESS SET-ASIDE ISSUED BY THE VETERANS ADMINISTRATION.
CULLIGAN CONTENDS THAT THE SMALL BUSINESS ADMINISTRATION (SBA) INCORRECTLY DETERMINED THAT CULLIGAN IS NOT A SMALL BUSINESS CONCERN, MAKING IT INELIGIBLE FOR AWARD OF A CONTRACT UNDER THE INSTANT SOLICITATION. HOWEVER, OUR OFFICE DOES NOT REVIEW SIZE STATUS PROTESTS SINCE, UNDER 15 U.S.C. SEC. 637(B) (1976), THE SBA IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENTS. JLS SERVCO, B-208655.3, MARCH 2, 1983, 83-1 CPD 219. THE SBA SIZE APPEALS BOARD IS THE PROPER FORUM TO REVIEW A REGIONAL SBA SIZE DETERMINATION.
THE PROTEST IS DISMISSED.