B-189203, JUNE 7, 1977
Highlights
GAO WILL NOT CONSIDER PROTEST QUESTIONING SMALL BUSINESS STATUS OF CONCERN SINCE AUTHORITY TO DETERMINE SIZE STATUS OF BUSINESS CONCERNS IS VESTED IN SBA. THE AUTHORITY TO DETERMINE THE SIZE STATUS OF A BUSINESS CONCERN IS EXCLUSIVELY VESTED IN THE SMALL BUSINESS ADMINISTRATION AND IS NOT SUBJECT TO GAO REVIEW. WE WILL NOT CONSIDER THE PROTEST ON THE MERITS.
B-189203, JUNE 7, 1977
GAO WILL NOT CONSIDER PROTEST QUESTIONING SMALL BUSINESS STATUS OF CONCERN SINCE AUTHORITY TO DETERMINE SIZE STATUS OF BUSINESS CONCERNS IS VESTED IN SBA.
BAY CITIES REFUSE SERVICE, INC.:
BY LETTER DATED MAY 25, 1977, INCORPORATING COUNSEL'S LETTER OF MAY 18, 1977, BAY CITIES REFUSE SERVICE, INC., PROTESTS THE PROSPECTIVE AWARD OF A CONTRACT FOR REFUSE COLLECTION SERVICES TO WEST COAST SALVAGE CO. (WEST COAST), UNDER SOLICITATION NO. DAKF01-77-B-0032, A SMALL BUSINESS SET- ASIDE, ISSUED BY THE UNITED STATES ARMY. ESSENTIALLY THE PROTEST QUESTIONS WEST COAST'S SMALL BUSINESS SIZE STATUS.
PURSUANT TO 15 U.S.C. 637(B)(6) (1970), THE AUTHORITY TO DETERMINE THE SIZE STATUS OF A BUSINESS CONCERN IS EXCLUSIVELY VESTED IN THE SMALL BUSINESS ADMINISTRATION AND IS NOT SUBJECT TO GAO REVIEW. COTTRELL ENGINEERING CORPORATION; BARNEGAT BAY DREDGING CO., INC., B-185830, MARCH 2, 1976, 76-1 CPD 152. THUS, WE WILL NOT CONSIDER THE PROTEST ON THE MERITS.