B-189740, AUGUST 22, 1977
Highlights
QUESTION CONCERNING SMALL BUSINESS SIZE STATUS IS NOT FOR CONSIDERATION BY GAO AS CONCLUSIVE AUTHORITY OVER SUCH MATTERS IS VESTED BY STATUTE IN SBA. ARCS CONTENDS THAT HAUL OR CRAWL IS INELIGIBLE FOR THE AWARD. AS IT IS AN AFFILIATE OF BROWNING FERRIS INDUSTRIES. A DETERMINATION BY SBA OF THE SMALL BUSINESS SIZE STATUS OF A BIDDER IS CONCLUSIVE AND THEREFORE IS NOT A MATTER FOR CONSIDERATION BY THIS OFFICE. THE PROTEST IS DISMISSED.
B-189740, AUGUST 22, 1977
QUESTION CONCERNING SMALL BUSINESS SIZE STATUS IS NOT FOR CONSIDERATION BY GAO AS CONCLUSIVE AUTHORITY OVER SUCH MATTERS IS VESTED BY STATUTE IN SBA.
ASSOCIATED REFUSE & COMPACTIONS SERVICES, INC.:
ASSOCIATED REFUSE & COMPACTIONS SERVICES, INC. (ARCS) PROTESTS AWARD TO HAUL OR CRAWL EXCAVATING CONTRACTORS, INC. (HAUL OR CRAWL), THE APPARENT LOW BIDDER UNDER THE NATIONAL NAVAL MEDICAL CENTER'S INVITATION FOR BIDS (IFB) NO. N62477-77-B-1664, A TOTAL SMALL BUSINESS SET-ASIDE. ARCS CONTENDS THAT HAUL OR CRAWL IS INELIGIBLE FOR THE AWARD, AS IT IS AN AFFILIATE OF BROWNING FERRIS INDUSTRIES, A LARGE REFUSE HAULING CORPORATION. ARCS URGES THAT THE LOW BIDDER SUBMITTED ITS SELF- CERTIFICATION OF SMALL BUSINESS STATUS IN BAD FAITH.
ACCORDING TO ARMED SERVICES PROCUREMENT REGULATION SEC. 1-703(B)(1) (1976 ED.), ANY BIDDER CHALLENGING THE SMALL BUSINESS STATUS OF ANY OTHER BIDDER MUST FILE A TIMELY PROTEST WITH THE CONTRACTING OFFICER. ARCS HAS DONE SO AND THE MATTER HAS BEEN REFERRED TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR DETERMINATION. UNDER 15 U.S.C. 637(B)(6) (1970), A DETERMINATION BY SBA OF THE SMALL BUSINESS SIZE STATUS OF A BIDDER IS CONCLUSIVE AND THEREFORE IS NOT A MATTER FOR CONSIDERATION BY THIS OFFICE. SEE, E.G., TATE ENGINEERING, INC., B-186788, JULY 23, 1976, 76-2 CPD 76.
ACCORDINGLY, THE PROTEST IS DISMISSED.