B-202719, APR 9, 1981
Highlights
DIGEST: PROTEST CONCERNING BIDDER'S SMALL BUSINESS SIZE STATUS IS NOT FOR REVIEW BY GAO SINCE BY LAW IT IS MATTER FOR DECISION BY SMALL BUSINESS ADMINISTRATION. WHICH IS IN LINE FOR AWARD OF A CONTRACT BY THE DEPARTMENT OF THE AIR FORCE PURSUANT TO INVITATION FOR BIDS NO. 655-81 B- 0026. THE PROTESTER CONTENDS THAT STEENMEYER IS NOT ELIGIBLE FOR THIS AWARD BECAUSE OF ITS AFFILIATION WITH SEVERAL OTHER FIRMS. THE SMALL BUSINESS ADMINISTRATION (SBA) IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. UNDER THE REGULATIONS SUCH PROTESTS ARE TO BE FILED WITH THE CONTRACTING OFFICER WITHIN FIVE DAYS OF BID OPENING. THE PROTEST IS DISMISSED.
B-202719, APR 9, 1981
DIGEST: PROTEST CONCERNING BIDDER'S SMALL BUSINESS SIZE STATUS IS NOT FOR REVIEW BY GAO SINCE BY LAW IT IS MATTER FOR DECISION BY SMALL BUSINESS ADMINISTRATION.
WALSKY CONSTRUCTION CO.:
WALSKY CONSTRUCTION CO. PROTESTS THE SMALL BUSINESS SIZE STATUS OF STEENMEYER CORPORATION, WHICH IS IN LINE FOR AWARD OF A CONTRACT BY THE DEPARTMENT OF THE AIR FORCE PURSUANT TO INVITATION FOR BIDS NO. 655-81 B- 0026, APPARENTLY A SMALL BUSINESS SET-ASIDE. THE PROTESTER CONTENDS THAT STEENMEYER IS NOT ELIGIBLE FOR THIS AWARD BECAUSE OF ITS AFFILIATION WITH SEVERAL OTHER FIRMS.
UNDER 15 U.S.C. SEC. 637(B) (1976), THE SMALL BUSINESS ADMINISTRATION (SBA) IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. THEREFORE, THIS OFFICE DOES NOT CONSIDER SIZE STATUS PROTESTS. SEE BUD JOHNSON CONSTRUCTION CO., INC., B-192310, JULY 26, 1978, 78-2 CPD 74. RATHER, UNDER THE REGULATIONS SUCH PROTESTS ARE TO BE FILED WITH THE CONTRACTING OFFICER WITHIN FIVE DAYS OF BID OPENING, WHO FORWARDS THE PROTESTS TO SBA FOR RESOLUTION. DEFENSE ACQUISITION REGULATION SEC. 1 703(B)(1) (DAC 76-19).
THE PROTEST IS DISMISSED.