B-196497, NOV 5, 1979

B-196497: Nov 5, 1979

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QUESTION CONCERNING SMALL BUSINESS SIZE STATUS OF BIDDER IS NOT FOR CONSIDERATION BY GAO SINCE EXCLUSIVE AUTHORITY OVER QUESTION IS VESTED IN SBA BY STATUTE. 2. WHETHER EQUIPMENT BID COMPLIES WITH SPECIFICATIONS IS MATTER OF CONTRACT ADMINISTRATION. WHICH IS RESPONSIBILITY OF PROCURING ACTIVITY. THE PROCUREMENT WAS SET ASIDE FOR SMALL BUSINESS. THE NEXT LOW BID WAS SUBMITTED BY MARQUETTE ELECTRONICS INC. THE BASES OF PROTEST ARE AS FOLLOWS: 1. CAMBRIDGE IS NOT A SMALL BUSINESS AND. IS INELIGIBLE FOR AWARD. 2. OUR OFFICE WILL NOT REVIEW QUESTIONS OF A BIDDER'S SMALL BUSINESS SIZE STATUS. WHETHER THE EQUIPMENT BID COMPLIES WITH SPECIFICATIONS IS A MATTER OF CONTRACT ADMINISTRATION. WHICH IS THE RESPONSIBILITY OF THE PROCURING ACTIVITY.

B-196497, NOV 5, 1979

DIGEST: 1. QUESTION CONCERNING SMALL BUSINESS SIZE STATUS OF BIDDER IS NOT FOR CONSIDERATION BY GAO SINCE EXCLUSIVE AUTHORITY OVER QUESTION IS VESTED IN SBA BY STATUTE. 2. WHETHER EQUIPMENT BID COMPLIES WITH SPECIFICATIONS IS MATTER OF CONTRACT ADMINISTRATION, WHICH IS RESPONSIBILITY OF PROCURING ACTIVITY, NOT GAO.

MARQUETTE ELECTRONICS INC.:

THE WALTER REED ARMY MEDICAL CENTER ISSUED INVITATION FOR BIDS (IFB) DADA15-80-C-0001. THE PROCUREMENT WAS SET ASIDE FOR SMALL BUSINESS. CAMBRIDGE INSTRUMENTS CO., INC. (CAMBRIDGE), SUBMITTED THE LOW BID. THE NEXT LOW BID WAS SUBMITTED BY MARQUETTE ELECTRONICS INC. (MARQUETTE), THE PROTESTER.

SUBSEQUENT TO BID OPENING, MARQUETTE FILED A PROTEST WITH OUR OFFICE. THE BASES OF PROTEST ARE AS FOLLOWS:

1. CAMBRIDGE IS NOT A SMALL BUSINESS AND, CONSEQUENTLY, IS INELIGIBLE FOR AWARD.

2. THE EQUIPMENT OFFERED BY CAMBRIDGE DOES NOT MEET IFB SPECIFICATIONS.

UNDER 15 U.S.C. SEC. 637(B)(6) (1976), THE SMALL BUSINESS ADMINISTRATION HAS BEEN GIVEN EXCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR PROCUREMENT PURPOSES. THEREFORE, OUR OFFICE WILL NOT REVIEW QUESTIONS OF A BIDDER'S SMALL BUSINESS SIZE STATUS. SUNSHINE PENINSULA, INC., B-184294, JULY 14, 1975, 75-2 CPD 33. THE MATTER OF CAMBRIDGE'S SIZE HAS BEEN REFERRED TO THE SMALL BUSINESS ADMINISTRATION.

FURTHER, WHETHER THE EQUIPMENT BID COMPLIES WITH SPECIFICATIONS IS A MATTER OF CONTRACT ADMINISTRATION, WHICH IS THE RESPONSIBILITY OF THE PROCURING ACTIVITY, NOT GAO. MASONEILAN REGULATOR COMPANY, B-188980, FEBRUARY 24, 1978, 78-1 CPD 154.

ACCORDINGLY, WE ARE CLOSING OUR FILE IN THIS MATTER.

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