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DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS IS NOT FOR GAO CONSIDERATION SINCE BY LAW IT IS MATTER FOR DECISION BY SMALL BUSINESS ADMINISTRATION. CONTENDING THAT SHERMAN IS A "BIG BUSINESS DIVISION OF WOLVERINE TUBE AND COOPER.". THE PROCUREMENT WAS SET ASIDE EXCLUSIVELY FOR SMALL BUSINESS PARTICIPATION. WE HAVE BEEN INFORMED BY DLA THAT A CONCURRENT SIZE STATUS PROTEST WAS FILED WITH THE CONTRACTING OFFICER FOR REFERRAL TO THE SMALL BUSINESS ADMINISTRATION (SBA). SBA IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. THIS DISPUTE IS NOT FOR OUR CONSIDERATION.

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B-196160, OCT 10, 1979

DIGEST: PROTEST CONCERNING SMALL BUSINESS SIZE STATUS IS NOT FOR GAO CONSIDERATION SINCE BY LAW IT IS MATTER FOR DECISION BY SMALL BUSINESS ADMINISTRATION.

AQUA-TROL CORPORATION:

AQUA-TROL CORPORATION PROTESTS ANY AWARD OF A CONTRACT FOR GARDEN HOSE NOZZLES TO SHERMAN MANUFACTURING, CONTENDING THAT SHERMAN IS A "BIG BUSINESS DIVISION OF WOLVERINE TUBE AND COOPER." THE DISPUTE ARISES IN ASSOCIATION WITH SOLICITATION NO. DLA700-79-B-1401 ISSUED BY THE DEFENSE LOGISTICS AGENCY (DLA). THE PROCUREMENT WAS SET ASIDE EXCLUSIVELY FOR SMALL BUSINESS PARTICIPATION.

WE HAVE BEEN INFORMED BY DLA THAT A CONCURRENT SIZE STATUS PROTEST WAS FILED WITH THE CONTRACTING OFFICER FOR REFERRAL TO THE SMALL BUSINESS ADMINISTRATION (SBA). UNDER 15 U.S.C. SEC. 637(B) (1976), SBA IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. SEE, E.G., ASTRO PAK/SUB SEA SURVEYORS, INC., B-195405.3, SEPTEMBER 13, 1979, 79-2 CPD . CONSEQUENTLY, THIS DISPUTE IS NOT FOR OUR CONSIDERATION.

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