B-216566, B-216566.2, OCT 18, 1984, 84-2 CPD 420

B-216566, B-216566.2, OCT 18, 1984, 84-2 CPD 420

CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - SMALL BUSINESS ADMINISTRATION'S AUTHORITY - SIZE DETERMINATION DIGEST: GAO DOES NOT CONSIDER PROTESTS RELATING TO THE SMALL BUSINESS SIZE STATUS OF A CONCERN BECAUSE THE SMALL BUSINESS ADMINISTRATION HAS CONCLUSIVE AUTHORITY TO DETERMINE SIZE STATUS.

CARTER CONSTRUCTION COMPANY, INC.:

CARTER CONSTRUCTION COMPANY, INC. PROTESTS AWARD UNDER SOLICITATIONS DACW03-84-B-0040 AND DACW03-84-B-0041, ISSUED BY THE LITTLE ROCK DISTRICT, CORPS OF ENGINEERS. CARTER CONTENDS THAT THE APPARENT LOW BIDDER, MCALISTER CONSTRUCTION COMPANY, INC., DOES NOT SATISFY THE SMALL BUSINESS SET-ASIDE RESTRICTIONS OF THE SOLICITATIONS BECAUSE OF ITS POSSIBLE AFFILIATION WITH OTHER COMPANIES CAUSES ITS ANNUAL SALES TO EXCEED TO MONETARY CRITERIA PRESCRIBED FOR SMALL BUSINESS CONCERNS.

UNDER 15 U.S.C. SEC. 637(B)(6) (1982), THE SMALL BUSINESS ADMINISTRATION (SBA) HAS CONCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT PURPOSES. THEREFORE, OUR OFFICE DOES NOT CONSIDER SIZE STATUS PROTESTS. 4 C.F.R. SEC. 21.3(G)(2) (1984); CUSTODIAL GUIDANCE SYSTEMS, INC., B-213920 DEC. 28, 1983, 84-1 CPD PARA. 36. UNDER THE APPLICABLE REGULATIONS, A PROTEST OF A BIDDER'S SMALL BUSINESS SIZE STATUS MUST BE FILED WITH THE CONTRACTING OFFICER WHO IN TURN FORWARDS THE MATTER TO THE SBA FOR RESOLUTION. FEDERAL ACQUISITION REGULATION, SEC 19.302, 48 FED.REG. 41,102, 42,246 (1983) (TO BE CODIFIED AT 48 C.F.R. SEC. 19.302).

THE PROTEST IS DISMISSED.