B-181980, AUG 30, 1974

B-181980, AUG 30, 1974

QUESTIONS CONCERNING SMALL BUSINESS SIZE STATUS AND COMPETENCY OF SMALL BUSINESS BIDDER ARE NOT FOR CONSIDERATION BY GAO, SINCE CONCLUSIVE AUTHORITY OVER SUCH QUESTIONS IS VESTED BY STATUTE IN SBA.

SUBURBAN INDUSTRIAL MAINTENANCE COMPANY:

SUBURBAN INDUSTRIAL MAINTENANCE COMPANY (SUBURBAN) PROTESTED AGAINST AN AWARD TO EITHER ATLANTIC MAINTENANCE COMPANY (ATLANTIC) OR LOWER KENSINGTON ENVIRONMNETAL CENTER, INC. (LOWER KENSINGTON), UNDER INVITATION FOR BIDS N62472-75-B-4701, A TOTAL SMALL BUSINESS SET-ASIDE, ISSUED BY THE NORTHERN DIVISION, NAVAL FACILITIES ENGINEERING COMMAND.

SUBURBAN CONTENDS THAT ATLANTIC IS NOT A SMALL BUSINESS CONCERN AND THAT LOWER KENSINGTON LACKS THE ABILITY OR KNOWHOW TO ACCOMPLISH THE WORK. THE NAVAL FACILITIES ENGINEERING COMMAND HAS ADVISED THAT, AS A RESULT OF THE PROTEST, THE SMALL BUSINESS ADMINISTRATION (SBA) HAS BEEN REQUESTED TO MAKE A SMALL BUSINESS SIZE DETERMINATION FOR ATLANTIC AND A COMPETENCY DETERMINATION FOR LOWER KENSINGTON.

UNDER 15 U.S.C. 637(B)(6) AND (7), A DECISION OF SBA REGARDING THE SIZE STATUS OF A CONCERN AND THE COMPETENCY OF A SMALL BUSINESS TO PERFORM A GOVERNMENT CONTRACT IS CONCLUSIVE. THEREFORE, AN SBA DETERMINATION OF SIZE STATUS OF A CONCERN OR ISSUANCE OF A CERTIFICATE OF COMPETENCY IS NOT SUBJECT TO REVIEW BY OUR OFFICE. SEE B-179737, MAY 13, 1974; 53 COMP. GEN. 434, 438 (1973); AND 53 ID. 344, 346 (1973).

ACCORDINGLY, THE ISSUES PRESENTED ARE NOT PROPERLY FOR CONSIDERATION BY OUR OFFICE AND WE ARE CLOSING OUR FILE ON THE MATTER WITHOUT FURTHER ACTION.