[Protest of Small Business Size Status of Competing Bidder]

B-209995: Dec 17, 1982

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A firm protested consideration by the General Services Administration of a bid for janitorial services which was submitted in response to a small business set-aside solicitation. The protester contended that the bidder was not a small business and, therefore, not qualified to bid. The Small Business Administration has exclusive authority to determine matters of small business size status. Therefore, GAO does not review such matters. Accordingly, the protest was dismissed.

B-209995, DEC 17, 1982

DIGEST: PROTEST CONCERNING THE SMALL BUSINESS SIZE STATUS OF COMPETING BIDDER IS BY LAW A MATTER FOR DECISION BY THE SMALL BUSINESS ADMINISTRATION AND NOT FOR CONSIDERATION BY GAO.

MIDWEST JANITORIAL SERVICES, INC.:

MIDWEST JANITORIAL SERVICES, INC. (MIDWEST), PROTESTS CONSIDERATION BY THE GENERAL SERVICES ADMINISTRATION (GSA) OF A BID SUBMITTED BY UNIVERSAL BUILDING MAINTENANCE, INC. (UNIVERSAL), IN RESPONSE TO GSA SOLICITATION NO. GS-05B-42327, A SMALL BUSINESS SET-ASIDE, FOR JANITORIAL SERVICES. MIDWEST CONTENDS THAT UNIVERSAL IS NOT A SMALL BUSINESS AND IS THEREFORE NOT QUALIFIED TO BID. WE DISMISS THE PROTEST.

UNDER 15 U.S.C. SEC. 637(B)(6) (1976), THE SMALL BUSINESS ADMINISTRATION HAS EXCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT PURPOSES. THEREFORE, OUR OFFICE WILL NOT REVIEW QUESTIONS OF A BIDDER'S SMALL BUSINESS SIZE STATUS, WHICH ARE FOR REVIEW BY SBA. ATE ASSOCIATES, INC., B-208622, SEPTEMBER 15, 1982, 82-2 CPD 229.

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