B-209024, NOV 19, 1982
Highlights
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF BIDDER IS BY STATUTE FOR CONCLUSIVE DETERMINATION BY THE SMALL BUSINESS ADMINISTRATION AND IS NOT SUBJECT TO CONSIDERATION BY GAO. R&M ALLEGES THAT THE IFB IS A 100-PERCENT SMALL BUSINESS SET-ASIDE BUT THAT LAW CONSTRUCTION DOES NOT QUALIFY AS A SMALL BUSINESS. LAW CONSTRUCTION IS ALLEGED TO BE A LEGAL ENTITY OF THE LAW COMPANY INCORPORATED OF WICHITA. WHICH IS RANKED AS THE 245TH LARGEST CONSTRUCTION COMPANY IN THE UNITED STATES WITH $78.3 MILLION DOLLARS IN CONTRACTS FOR 1981. LAW CONSTRUCTION IS LISTED AS HAVING OVER $25 MILLION DOLLARS OF WORK UNDER CONTRACT AND IS LARGER THAN A $12 MILLION DOLLAR PER YEAR COMPANY AND.
B-209024, NOV 19, 1982
DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS OF BIDDER IS BY STATUTE FOR CONCLUSIVE DETERMINATION BY THE SMALL BUSINESS ADMINISTRATION AND IS NOT SUBJECT TO CONSIDERATION BY GAO.
R&M CONSTRUCTION INCORPORATED:
R&M CONSTRUCTION INCORPORATED (R&M) PROTESTS AWARD TO THE LAW CONSTRUCTION COMPANY (LAW CONSTRUCTION) OF A CONTRACT UNDER INVITATION FOR BIDS (IFB) NO. DACA56-82-B0006 ISSUED BY ALTUS AIR FORCE BASE.
WE DISMISS THE PROTEST.
R&M ALLEGES THAT THE IFB IS A 100-PERCENT SMALL BUSINESS SET-ASIDE BUT THAT LAW CONSTRUCTION DOES NOT QUALIFY AS A SMALL BUSINESS. LAW CONSTRUCTION IS ALLEGED TO BE A LEGAL ENTITY OF THE LAW COMPANY INCORPORATED OF WICHITA, KANSAS, WHICH IS RANKED AS THE 245TH LARGEST CONSTRUCTION COMPANY IN THE UNITED STATES WITH $78.3 MILLION DOLLARS IN CONTRACTS FOR 1981. FURTHERMORE, LAW CONSTRUCTION IS LISTED AS HAVING OVER $25 MILLION DOLLARS OF WORK UNDER CONTRACT AND IS LARGER THAN A $12 MILLION DOLLAR PER YEAR COMPANY AND, THEREFORE, DOES NOT QUALIFY AS A SMALL BUSINESS UNDER THE IFB.
UNDER 15 U.S.C. SEC. 637(B)(6) (1976), THE SMALL BUSINESS ADMINISTRATION HAS CONCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. SEE TGR-342 CONSTRUCTION CO., SEPTEMBER 23, 1982, 82-2 CPD 266; CHECK-MATE INDUSTRIES, INC., JUNE 11, 1982, 82-1 CPD 569.