B-187306, SEPTEMBER 16, 1976

B-187306, SEPTEMBER 16, 1976

SIZE STANDARDS TO QUALIFY AS SMALL BUSINESS ARE VESTED IN SBA AND ARE NOT FOR CONSIDERATION BY GAO.

GRANITE STATE MACHINE CO., INC."

GRANITE STATE MACHINE COMPANY, INC. (GRANITE), PROTESTS THE CONTEMPLATED AWARD UNDER REQUEST FOR PROPOSALS (RFP) NO. N00140-76-R 1525, A SMALL BUSINESS SET-ASIDE ISSUED ON JULY 22, 1976, BY THE NAVAL REGIONAL PROCUREMENT OFFICE, PHILADELPHIA, PENNSYLVANIA, FOR EQUIPMENT AND SERVICES RELATED TO RADAR COMMUNICATION DETECTION EQUIPMENT.

SPECIFICALLY, GRANITE PROTESTS AGAINST THE SMALL BUSINESS SIZE STANDARD THAT, FOR SERVICES TO BE PERFORMED BY THE OFFEROR, THE AVERAGE ANNUAL RECEIPTS OF THAT CONCERN AND ITS AFFILIATES FOR THE PRECEDING THREE FISCAL YEARS SHALL NOT EXCEED $2,000,000. GRANITE CONTENDS THAT WHILE THE RFP REFERS TO "MINOR SERVICES," THE GENERAL DESCRIPTION OF WORK CAN ONLY BE CONSTRUED AS A REQUIREMENT FOR "MAJOR OVERHAUL AND MODIFICATION OF EQUIPMENT." GRANITE ALSO CONTENDS THAT ONE OF THE EVALUATION FACTORS FOR AWARD STATED IN THE RFP-- THE REQUIREMENT FOR A STRONG MECHANICAL AND ELECTRONIC MANUFACTURER WITH A PREVIOUS HISTORY RELATING TO THE EQUIPMENT SPECIFIED-- IS INCONSISTENT WITH THE SIZE STANDARD AND ELIMINATES SMALL BUSINESS CONCERNS CURRENTLY UNDER PRODUCTION OF THAT EQUIPMENT. GRANITE HAS ALSO PROTESTED TO THE SMALL BUSINESS ADMINISTRATION (SBA) AND THE PHILADELPHIA NAVAL REGIONAL PROCUREMENT OFFICE.

CONCLUSIVE AUTHORITY OVER SIZE STANDARD ISSUES IS WITHIN THE PROVINCE OF THE SBA. DYNAMIC INTERNATIONAL, INC., B-185337, JANUARY 5, 1976, 76-1 CPD 11. ACCORDINGLY, THIS OFFICE MUST DECLINE TO CONSIDER GRANITE'S PROTEST AGAINST THE SIZE STANDARD.