B-211670, MAY 18, 1983
Highlights
DIGEST: QUESTIONS CONCERNING A BIDDER'S SMALL BUSINESS SIZE STATUS ARE NOT FOR CONSIDERATION BY GAO SINCE CONCLUSIVE AUTHORITY OVER SUCH MATTERS IS VESTED BY STATUTE IN SMALL BUSINESS ADMINISTRATION. WE WILL NOT CONSIDER THE MATTER. A PROTEST OF A BIDDER'S SMALL BUSINESS SIZE STATUS MUST BE FILED WITH THE CONTRACTING OFFICER WHO IN TURN IS TO FORWARD THE MATTER TO SBA FOR RESOLUTION. D&B ALSO COMPLAINS THAT THE APPARENT LOW BIDDER IS BEING UNFAIRLY SUBSIDIZED BY A SUPPLIER. THAT IS NOT A PROCUREMENT MATTER FOR REVIEW BY OUR OFFICE. THE PROTEST IS DISMISSED.
B-211670, MAY 18, 1983
DIGEST: QUESTIONS CONCERNING A BIDDER'S SMALL BUSINESS SIZE STATUS ARE NOT FOR CONSIDERATION BY GAO SINCE CONCLUSIVE AUTHORITY OVER SUCH MATTERS IS VESTED BY STATUTE IN SMALL BUSINESS ADMINISTRATION.
D&B INDUSTRIAL CLEANING DIVISION:
D&B INDUSTRIAL CLEANING DIVISION (D&B) PROTESTS ANY AWARD UNDER INVITATION FOR BIDS DAHA47-83-B-0005, ISSUED BY THE DEPARTMENT OF THE ARMY FOR FLOOR COVERING. D&B ALLEGES THAT THE APPARENT LOW BIDDER DOES NOT QUALIFY AS A SMALL BUSINESS. WE WILL NOT CONSIDER THE MATTER.
PURSUANT TO 15 U.S.C. SEC. 637(B)(6) (1976), THE SMALL BUSINESS ADMINISTRATION (SBA) HAS CONCLUSIVE AUTHORITY TO DETERMINE THE SIZE STATUS OF A BUSINESS CONCERN. UNDER THE APPLICABLE REGULATIONS, A PROTEST OF A BIDDER'S SMALL BUSINESS SIZE STATUS MUST BE FILED WITH THE CONTRACTING OFFICER WHO IN TURN IS TO FORWARD THE MATTER TO SBA FOR RESOLUTION. DEFENSE ACQUISITION REGULATION SEC. 1-703(B)(1). THEREFORE, OUR OFFICE DOES NOT REVIEW CHALLENGES TO A BIDDER'S SMALL BUSINESS SIZE STATUS. RIDG -U RAK, INC., B-207837, JULY 26, 1982, 82-2 CPD 78.
D&B ALSO COMPLAINS THAT THE APPARENT LOW BIDDER IS BEING UNFAIRLY SUBSIDIZED BY A SUPPLIER. THAT IS NOT A PROCUREMENT MATTER FOR REVIEW BY OUR OFFICE.
THE PROTEST IS DISMISSED.