B-188880, MAY 16, 1977
Highlights
GAO WILL NOT CONSIDER PROTEST WHICH ALLEGES BIDDER DOES NOT QUALIFY AS SMALL BUSINESS BECAUSE IT IS DUTY OF SMALL BUSINESS ADMINISTRATION UNDER 14 U.S.C. 637(B)(6). THE REFERENCED PROCUREMENTS ARE 100-PERCENT SMALL BUSINESS SET-ASIDES UNDER INVITATIONS FOR BIDS (IFB) NOS. THE PROTESTER ASSERTS THAT UNI-SYSTEMS DOES NOT QUALIFY AS A SMALL BUSINESS AND THEREFORE IS NOT ENTITLED TO AWARD. OR OTHER BUSINESS ENTERPRISES WHICH ARE TO BE DESIGNATED 'SMALL BUSINESS CONCERNS' * * * . " THE CITED PROVISION ALSO MAKES SBA'S DETERMINATION CONCLUSIVE UPON THE PROCURING AGENCY INVOLVED. SINCE THE SIZE PROTEST IS FOR SBA'S CONSIDERATION. WE ARE CLOSING OUR FILE AND WILL TAKE NO FURTHER ACTION ON THE MATTER.
B-188880, MAY 16, 1977
GAO WILL NOT CONSIDER PROTEST WHICH ALLEGES BIDDER DOES NOT QUALIFY AS SMALL BUSINESS BECAUSE IT IS DUTY OF SMALL BUSINESS ADMINISTRATION UNDER 14 U.S.C. 637(B)(6), RATHER THAN GAO, TO MAKE SUCH DETERMINATION.
JANKE AND COMPANY, INCORPORATED:
BY TWX OF APRIL 19, AND LETTER OF APRIL 21, 1977, JANKE AND COMPANY, INCORPORATED, PROTESTED THE AWARD OF CONTRACTS TO UNI-SYSTEMS, INC. THE REFERENCED PROCUREMENTS ARE 100-PERCENT SMALL BUSINESS SET-ASIDES UNDER INVITATIONS FOR BIDS (IFB) NOS. F41608-77-R-0988 AND F41608-77-R-0345, ISSUED BY THE AIR FORCE. THE PROTESTER ASSERTS THAT UNI-SYSTEMS DOES NOT QUALIFY AS A SMALL BUSINESS AND THEREFORE IS NOT ENTITLED TO AWARD.
IN THIS REGARD, 15 U.S.C. 637(B)(6)(1970) READS IN PERTINENT PART:
"IT SHALL ALSO BE THE DUTY OF THE ADMINISTRATION (SBA) * * * TO DETERMINE WITHIN ANY INDUSTRY THE CONCERNS, FIRMS, PERSONS, CORPORATIONS, PARTNERSHIPS, COOPERATIVES, OR OTHER BUSINESS ENTERPRISES WHICH ARE TO BE DESIGNATED 'SMALL BUSINESS CONCERNS' * * * . "
THE CITED PROVISION ALSO MAKES SBA'S DETERMINATION CONCLUSIVE UPON THE PROCURING AGENCY INVOLVED.
SINCE THE SIZE PROTEST IS FOR SBA'S CONSIDERATION, WE ARE CLOSING OUR FILE AND WILL TAKE NO FURTHER ACTION ON THE MATTER. SEE RAS SANITATION, INC., B-180705, MARCH 28, 1974, 74-1 CPD 151.