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B-214849, B-214849.2, JUL 20, 1984, 84-2 CPD 69

B-214849,B-214849.2 Jul 20, 1984
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Highlights

GAO WILL NOT CONSIDER THESE MATTERS. PROTESTS THE SMALL BUSINESS STATUS OF THE LOW BIDDER ON THE SAME INVITATION DUE TO THE BELIEF THAT THE BIDDER IS AFFILIATED WITH ANOTHER FIRM.

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B-214849, B-214849.2, JUL 20, 1984, 84-2 CPD 69

CONTRACTS - SMALL BUSINESS CONCERNS - SIZE STANDARDS - SMALL BUSINESS ADMINISTRATION'S DETERMINATION - NOT SUBJECT TO GAO REVIEW DIGEST: THE SMALL BUSINESS ADMINISTRATION HAS CONCLUSIVE AUTHORITY TO DECIDE MATTERS OF SIZE STANDARDS AND SIZE STATUS AND, THEREFORE, GAO WILL NOT CONSIDER THESE MATTERS.

ALLIANCE PROPERTIES INC.; PHILLIPS NATIONAL, INC.:

ALLIANCE PROPERTIES INC. PROTESTS THE $2 MILLION (RATHER THAN $12 MILLION) SIZE STANDARD SET FORTH IN DYESS AIR FORCE BASE INVITATION FOR BIDS NO. F41652-84-B0005, A SMALL BUSINESS SET-ASIDE FOR THE MAINTENANCE AND REPAIR OF MILITARY FAMILY HOUSING. PHILLIPS NATIONAL, INC., PROTESTS THE SMALL BUSINESS STATUS OF THE LOW BIDDER ON THE SAME INVITATION DUE TO THE BELIEF THAT THE BIDDER IS AFFILIATED WITH ANOTHER FIRM.

WE DISMISS BOTH PROTESTS.

UNDER 15 U.S.C. SEC. 637(B) (1982), THE SMALL BUSINESS ADMINISTRATION HAS CONCLUSIVE AUTHORITY TO RULE ON THE CORRECTNESS OF SIZE STANDARDS USED IN A SOLICITATION AND TO DETERMINE SMALL BUSINESS STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. THEREFORE, OUR OFFICE DOES NOT CONSIDER PROTESTS ON SUCH MATTERS. MANTECH INTERNATIONAL CORPORATION, B-205859, JAN. 25, 1982, 82-1 CPD PARA. 53; WILKINSON MANUFACTURING COMPANY, B-206334, FEB. 24, 1982, 82-1 CPD PARA. 165.

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