B-193839, JANUARY 31, 1979

B-193839: Jan 31, 1979

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DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS IS NOT FOR CONSIDERATION BY GAO SINCE BY LAW IT IS MATTER FOR DECISION BY SBA. THE PROCUREMENT IS A 100 PERCENT SMALL BUSINESS SET-ASIDE FOR AN ENLISTED MEN'S DINING FACILITY AT CAMP PENDLETON. THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. WE HAVE BEEN INFORMED BY THE NAVY THAT A CONCURRENT PROTEST HAS BEEN FILED WITH THE CONTRACTING OFFICER AND HAS BEEN REFERRED TO THE SAN FRANCISCO SBA OFFICE FOR DETERMINATION. THE PROTEST IS THEREFORE DISMISSED.

B-193839, JANUARY 31, 1979

DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS IS NOT FOR CONSIDERATION BY GAO SINCE BY LAW IT IS MATTER FOR DECISION BY SBA.

CARDAN COMPANY:

CARDAN COMPANY PROTESTS THE AWARD OF A CONTRACT TO PK CONSTRUCTION COMPANY (PK) OF SAN DIEGO, CALIFORNIA, BY THE DEPARTMENT OF THE NAVY UNDER SOLICITATION NO. N62474-75-B-6350. THE PROCUREMENT IS A 100 PERCENT SMALL BUSINESS SET-ASIDE FOR AN ENLISTED MEN'S DINING FACILITY AT CAMP PENDLETON, CALIFORNIA.

CARDAN CONTENDS THAT PK SHOULD BE DISQUALIFIED AS A SMALL BUSINESS BECAUSE OF ITS CLOSE ASSOCIATION WITH RC HEDREEN COMPANY OF SEATTLE, WASHINGTON.

UNDER 15 U.S.C. 637(B) (1976), THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. SEE, MANN'S CONSTRUCTION CO., B-191462(2), MARCH 29, 1978, 78-1 CPD 245.

IN THIS CONNECTION, WE HAVE BEEN INFORMED BY THE NAVY THAT A CONCURRENT PROTEST HAS BEEN FILED WITH THE CONTRACTING OFFICER AND HAS BEEN REFERRED TO THE SAN FRANCISCO SBA OFFICE FOR DETERMINATION.

THE PROTEST IS THEREFORE DISMISSED.