B-192466, AUG 29, 1978
Highlights
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF LOW BIDDER IS NOT FOR CONSIDERATION BY GAO SINCE BY LAW IT IS MATTER FOR DECISION BY SBA. THE SMALL BUSINESS ADMINISTRATION (SBA) IS EMPOWERED TO CONCLUSIVELY DETERMINE SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. THE MATTER IS FOR RESOLUTION BY SBA AND NOT THIS OFFICE. THE PROTEST IS DISMISSED.
B-192466, AUG 29, 1978
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF LOW BIDDER IS NOT FOR CONSIDERATION BY GAO SINCE BY LAW IT IS MATTER FOR DECISION BY SBA.
TRANS WORLD OPTICS, INC.:
TRANS WORLD OPTICS, INC. (TRANS WORLD), PROTESTS AWARD OF UNITED STATES ARMY ARMAMENT COMMAND, ROCK ISLAND, ILLINOIS, PROJECT DAAA09-78 B-2146, A SMALL BUSINESS SET-ASIDE, TO OPTIC ELECTRONICS OF TEXAS, THE APPARENT LOW BIDDER. TRANS WORLD ALLEGES THE INELIGIBILITY OF THE LOW BIDDER AS A SMALL BUSINESS CONCERN SINCE ITS ACQUISITION BY UNITED SCIENTIFIC OF ENGLAND.
UNDER 15 U.S.C. SEC. 637(B)(6) (1976), THE SMALL BUSINESS ADMINISTRATION (SBA) IS EMPOWERED TO CONCLUSIVELY DETERMINE SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. THE MATTER IS FOR RESOLUTION BY SBA AND NOT THIS OFFICE. SEE WALCO POWER SERVICE, INC., B-190128, SEPTEMBER 29, 1977, 77-2 CPD 246.
ACCORDINGLY, THE PROTEST IS DISMISSED.