B-216013, AUG 22, 1984, 84-2 CPD 213
Highlights
CONTRACTS - SMALL BUSINESS CONCERN - AWARDS - SMALL BUSINESS ADMINISTRATION'S AUTHORITY - SIZE DETERMINATION DIGEST: GAO WILL NOT CONSIDER A PROTEST OF AN AWARDEE'S SMALL BUSINESS SIZE STATUS BECAUSE THE SMALL BUSINESS ADMINISTRATION HAS STATUTORY AUTHORITY TO CONCLUSIVELY DETERMINE SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENTS. INNOVATIVE CONTENDS THAT THE AWARDEE IS NOT A SMALL BUSINESS AND IS. THE PROTEST IS DISMISSED.
B-216013, AUG 22, 1984, 84-2 CPD 213
CONTRACTS - SMALL BUSINESS CONCERN - AWARDS - SMALL BUSINESS ADMINISTRATION'S AUTHORITY - SIZE DETERMINATION DIGEST: GAO WILL NOT CONSIDER A PROTEST OF AN AWARDEE'S SMALL BUSINESS SIZE STATUS BECAUSE THE SMALL BUSINESS ADMINISTRATION HAS STATUTORY AUTHORITY TO CONCLUSIVELY DETERMINE SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENTS.
INNOVATIVE FOODS, INC.:
INNOVATIVE FOODS, INC. (INNOVATIVE), PROTESTS THE AWARD OF A CONTRACT TO RIGHT-AWAY FOODS, INC., UNDER SOLICITATIONS NOS. DLA13H-84 B-8280 AND DLA13H-84-R-8281, PARTIAL SMALL BUSINESS SET-ASIDES, ISSUED BY THE DEFENSE LOGISTICS AGENCY. INNOVATIVE CONTENDS THAT THE AWARDEE IS NOT A SMALL BUSINESS AND IS, THEREFORE, INELIGIBLE FOR AWARD.
SINCE, UNDER 15 U.S.C. SEC. 637(B)(6) (1982), THE SMALL BUSINESS ADMINISTRATION (SBA) HAS CONCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENTS, OUR OFFICE DOES NOT REVIEW SIZE STATUS PROTESTS. ANY SIZE STATUS CHALLENGE MUST BE MADE ACCORDING TO SBA PROCEDURES RATHER THAN THROUGH A BID PROTEST WITH OUR OFFICE. SEE EDWARDS ENTERPRISES INCORPORATED, B-208317.2, JAN. 13, 1983, 83-1 CPD PARA. 34.
THE PROTEST IS DISMISSED.