B-227207, B-227208, Jul 10, 1987, 87-2 CPD 35
Highlights
The IFB's were set aside for small businesses. Culfabco contends that Contech is a part of a much larger corporation. The reason is that under 15 U.S.C. The protest is dismissed.
B-227207, B-227208, Jul 10, 1987, 87-2 CPD 35
PROCUREMENT - Socio-Economic Policies - Small businesses - Size determination - GAO review DIGEST: General Accounting Office does not consider protests relating to small business size status because the Small Business Administration has conclusive authority to decide such matters.
Culfabco, Inc.:
Culfabco, Inc., protests the award of a contract to Contech Construction Products, Inc., under invitation for bids (IFB) Nos. F65501-87-T7939 and F65501-87-T8156, issued by the Department of the Air Force. The IFB's were set aside for small businesses. Culfabco contends that Contech is a part of a much larger corporation, which Culfabco believes makes Contech ineligible for the award.
Our Office does not consider size status challenges. 4 C.F.R. Sec. 21.3(f)(2) (1986). The reason is that 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 procurement purposes. In fact, the Air Force advises that the contracting officer has referred the matter to the SBA in response to Culfabco's protest.
The protest is dismissed.