B-205310, NOV 19, 1981
Highlights
DIGEST: PROTEST CONCERNING THE SMALL BUSINESS SIZE STATUS OF OFFEROR IS BY LAW A MATTER FOR DECISION BY THE SMALL BUSINESS ADMINISTRATION AND NOT FOR CONSIDERATION BY GAO. CONTROL CONTENDS THAT AIRMARK IS NOT A SMALL BUSINESS AND. OUR OFFICE WILL NOT REVIEW QUESTIONS OF A BIDDER'S SMALL BUSINESS SIZE STATUS. THE PROTEST IS DISMISSED.
B-205310, NOV 19, 1981
DIGEST: PROTEST CONCERNING THE SMALL BUSINESS SIZE STATUS OF OFFEROR IS BY LAW A MATTER FOR DECISION BY THE SMALL BUSINESS ADMINISTRATION AND NOT FOR CONSIDERATION BY GAO.
CONTROL PRODUCTS CORPORATION:
CONTROL PRODUCTS CORPORATION (CONTROL) PROTESTS AWARD OF A CONTRACT TO AIRMARK PLASTICS CORPORATION (AIRMARK) UNDER SOLICITATION NO. FD2060 81- 84406, A SMALL BUSINESS SET-ASIDE, ISSUED BY WARNER ROBINS AIR LOGISTICS CENTER, THE DEPARTMENT OF THE AIR FORCE.
CONTROL CONTENDS THAT AIRMARK IS NOT A SMALL BUSINESS AND, THEREFORE, DOES NOT QUALIFY FOR AN AWARD.
UNDER 15 U.S.C. SEC. 637(B)(6)(1976), THE SMALL BUSINESS ADMINISTRATION HAS EXCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR PROCUREMENT PURPOSES. THEREFORE, OUR OFFICE WILL NOT REVIEW QUESTIONS OF A BIDDER'S SMALL BUSINESS SIZE STATUS. SEE INDUSTRIAL LEASE INC. OF FAYETTEVILLE, B-204446, AUGUST 31, 1981, 81-2 CPD 191.
ACCORDINGLY, THE PROTEST IS DISMISSED.