B-204935, OCT 13, 1981
Highlights
SANDS STATES THAT GAVCO IS AFFILIATED WITH OCEAN ELECTRIC CO. WHICH IS NOT A SMALL BUSINESS CONCERN. THE ISSUE RAISED BY SANDS REGARDING GAVCO'S SIZE IS NOT SUBJECT TO OUR REVIEW. SEC. 637(B)(6) (1976) PROVIDES THAT THE SMALL BUSINESS ADMINISTRATION WILL CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS. THE PROTEST IS DISMISSED.
B-204935, OCT 13, 1981
DIGEST: THE SBA, NOT GAO, CONCLUSIVELY DETERMINES MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT PURPOSES. 15 U.S.C. SEC. 637(B)(6) (1976).
SANDS CONSTRUCTION COMPANY, INC.:
SANDS CONSTRUCTION COMPANY, INC., PROTESTS THE AWARD OF A CONTRACT TO GAVCO CO., INC., UNDER A TOTAL SMALL BUSINESS SET-ASIDE SOLICITATION, ISSUED BY THE DEPARTMENT OF THE NAVY. SANDS STATES THAT GAVCO IS AFFILIATED WITH OCEAN ELECTRIC CO., INC., WHICH IS NOT A SMALL BUSINESS CONCERN. SANDS HAS REQUESTED THAT WE INVESTIGATE THE MATTER.
THE ISSUE RAISED BY SANDS REGARDING GAVCO'S SIZE IS NOT SUBJECT TO OUR REVIEW, AS 15 U.S.C. SEC. 637(B)(6) (1976) PROVIDES THAT THE SMALL BUSINESS ADMINISTRATION WILL CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS. COLLINS AND COMPANY GENERAL CONTRACTORS, INC., B-195932, OCTOBER 1, 1979, 79-2 CPD 234.
THEREFORE, THE PROTEST IS DISMISSED.