B-207449, JUN 2, 1982
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. GW CONTENDS THAT SOUTHWEST IS INELIGIBLE FOR AWARD AS A SMALL BUSINESS BECAUSE IT IS AFFILIATED WITH SEVERAL OTHER FIRMS AND THE LABOR REQUIREMENTS OF THIS CONTRACT WILL CAUSE SOUTHWEST TO EXCEED THE EMPLOYEE LIMITATION OF THE SMALL BUSINESS CLASSIFICATION. THE SMALL BUSINESS ADMINISTRATION (SBA) IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. SUCH PROTESTS ARE TO BE FILED WITH THE CONTRACTING OFFICER WITHIN 5 DAYS OF BID OPENING. THE PROTEST IS DISMISSED.
B-207449, JUN 2, 1982
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.
G.W.GALLOWAY COMPANY:
G.W.GALLOWAY COMPANY (GW) PROTESTS THE SMALL BUSINESS SIZE STATUS OF SOUTHWEST TRUCK BODY COMPANY (SOUTHWEST), THE LOW BIDDER ON SOLICITATION NO. DAAE07-82-B-A542 ISSUED AS A SMALL BUSINESS SET-ASIDE BY THE UNITED STATES ARMY. GW CONTENDS THAT SOUTHWEST IS INELIGIBLE FOR AWARD AS A SMALL BUSINESS BECAUSE IT IS AFFILIATED WITH SEVERAL OTHER FIRMS AND THE LABOR REQUIREMENTS OF THIS CONTRACT WILL CAUSE SOUTHWEST TO EXCEED THE EMPLOYEE LIMITATION OF THE SMALL BUSINESS CLASSIFICATION.
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 WALSKY CONSTRUCTION CO., B-202719, APRIL 9, 1981, 81-1 CPD 276. RATHER, UNDER THE REGULATIONS, SUCH PROTESTS ARE TO BE FILED WITH THE CONTRACTING OFFICER WITHIN 5 DAYS OF BID OPENING, FOR REFERRAL TO THE SBA FOR RESOLUTION. DEFENSE ACQUISITION REGULATION SEC. 1-703(B)(1) (DAC NO. 76-19, JULY 27, 1979).
ACCORDINGLY, THE PROTEST IS DISMISSED.