B-203030, MAY 7, 1981

B-203030: May 7, 1981

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BY LAW THE SMALL BUSINESS ADMINISTRATION DECIDES SUCH MATTERS. 2.WHETHER SMALL BUSINESS IS MANUFACTURER OR REGULAR DEALER UNDER WALSH- HEALEY ACT IS FOR DETERMINATION BY CONTRACTING AGENCY SUBJECT TO REVIEW BY SMALL BUSINESS ADMINISTRATION IF SMALL BUSINESS IS INVOLVED AND BY SECRETARY OF LABOR. INSCOM CONTENDS THAT DECTRON DOES NOT QUALIFY AS A SMALL BUSINESS CONCERN BECAUSE IT HAS NO INDEPENDENT EXISTENCE BUT RATHER IS PART OF A LARGE BUSINESS FIRM. SEC. 637(B) (1976) THE SMALL BUSINESS ADMINISTRATION (SBA) IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE FOR FEDERAL PROCUREMENT PURPOSES. THE DETERMINATION OF WHETHER A SMALL BUSINESS FIRM IS A MANUFACTURER OR REGULAR DEALER UNDER THE WALSH-HEALEY ACT RESTS WITH THE CONTRACTING AGENCY.

B-203030, MAY 7, 1981

DIGEST: 1. GAO DOES NOT CONSIDER PROTESTS CONCERNING SMALL BUSINESS SIZE STATUS; BY LAW THE SMALL BUSINESS ADMINISTRATION DECIDES SUCH MATTERS. 2.WHETHER SMALL BUSINESS IS MANUFACTURER OR REGULAR DEALER UNDER WALSH- HEALEY ACT IS FOR DETERMINATION BY CONTRACTING AGENCY SUBJECT TO REVIEW BY SMALL BUSINESS ADMINISTRATION IF SMALL BUSINESS IS INVOLVED AND BY SECRETARY OF LABOR.

INSCOM ELECTRONICS:

INSCOM ELECTRONICS PROTESTS AWARD OF CONTRACT TO DECTRON INDUSTRIES CO. UNDER SOLICIATION NO. N00104-81-B-0057, A SMALL BUSINESS SET-ASIDE ISSUED BY THE DEPARTMENT OF THE NAVY.

INSCOM CONTENDS THAT DECTRON DOES NOT QUALIFY AS A SMALL BUSINESS CONCERN BECAUSE IT HAS NO INDEPENDENT EXISTENCE BUT RATHER IS PART OF A LARGE BUSINESS FIRM. THE PROTESTER FURTHER STATES THAT BECAUSE DECTRON LACKS ITS OWN FACILITIES, IT DOES NOT QUALIFY AS A MANUFACTURER OR REGULAR DEALER UNDER THE WALSH-HEALEY ACT, 41 U.S.C. SECS. 35-45 (1976).

THIS OFFICE DOES NOT REVIEW SIZE STATUS PROTESTS SINCE UNDER 15 U.S.C. SEC. 637(B) (1976) THE SMALL BUSINESS ADMINISTRATION (SBA) IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE FOR FEDERAL PROCUREMENT PURPOSES. SEE A&R WINDOW CLEANING & JANITORIAL SERVICE, INC., B-197612, MARCH 28, 1980, 80-1 CPD 231.

FURTHERMORE, THE DETERMINATION OF WHETHER A SMALL BUSINESS FIRM IS A MANUFACTURER OR REGULAR DEALER UNDER THE WALSH-HEALEY ACT RESTS WITH THE CONTRACTING AGENCY, SUBJECT TO REVIEW BY SBA IF A SMALL BUSINESS IS INVOLVED AND BY THE SECRETARY OF LABOR. SEE CERTIFIED POWER TRAIN SPECIALIST, B-200679, OCTOBER 17, 1980, 80-2 CPD 296.

THE PROTEST IS DISMISSED.

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