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DIGEST: QUESTIONS CONCERNING SMALL BUSINESS SIZE STATUS ARE NOT FOR CONSIDERATION BY GAO SINCE CONCLUSIVE AUTHORITY OVER SUCH MATTERS IS VESTED BY STATUTE IN SMALL BUSINESS ADMINISTRATION. OUR OFFICE WILL NOT REVIEW QUESTIONS OF A BIDDER'S SMALL SIZE STATUS. THE PROTEST IS DISMISSED.

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B-207671, JUN 4, 1982

DIGEST: QUESTIONS CONCERNING SMALL BUSINESS SIZE STATUS ARE NOT FOR CONSIDERATION BY GAO SINCE CONCLUSIVE AUTHORITY OVER SUCH MATTERS IS VESTED BY STATUTE IN SMALL BUSINESS ADMINISTRATION.

HARBIG CONTRACTING CORP.:

HARBIG CONTRACTING CORP. PROTESTS THE AWARD OF A CONTRACT BY THE DEPARTMENT OF THE ARMY TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS NO. DACA 51-82-B-0050, A SMALL BUSINESS SET-ASIDE. HARBIG CONTENDS THAT THE APPARENT LOW BIDDER DOES NOT MEET THE SIZE CRITERIA FOR A SMALL BUSINESS.

UNDER 15 U.S.C. SEC. 637(B)(6), THE SMALL BUSINESS ADMINISTRATION (SBA) HAS EXCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR PROCUREMENT PURPOSES, AND SUCH PROTESTS MUST BE LODGED WITH THE CONTRACTING OFFICER FOR FORWARDING TO THE SBA FOR RESOLUTION. DEFENSE ACQUISITION REGULATION SEC. 1-703(B)(1). THEREFORE, OUR OFFICE WILL NOT REVIEW QUESTIONS OF A BIDDER'S SMALL SIZE STATUS. SEE DOYLE SHIRT MANUFACTURING CORP., B-205959, JANUARY 11, 1982, 82-1 CPD 28.

THE PROTEST IS DISMISSED.

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