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CONTRACTS - SMALL BUSINESS CONCERN - AWARDS - SMALL BUSINESS ADMINISTRATION'S AUTHORITY - SIZE DETERMINATION DIGEST: GAO DOES NOT CONSIDER SMALL BUSINESS SIZE STATUS SINCE BY LAW CONCLUSIVE AUTHORITY OVER THE MATTER IS VESTED IN THE SMALL BUSINESS ADMINISTRATION. HART ALSO ALLEGES THAT DDAD IS A DIVISION OF GENERAL MOTORS CORPORATION AND NOT A SMALL BUSINESS.

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B-216059, AUG 22, 1984, 84-2 CPD 219

CONTRACTS - SMALL BUSINESS CONCERN - AWARDS - SMALL BUSINESS ADMINISTRATION'S AUTHORITY - SIZE DETERMINATION DIGEST: GAO DOES NOT CONSIDER SMALL BUSINESS SIZE STATUS SINCE BY LAW CONCLUSIVE AUTHORITY OVER THE MATTER IS VESTED IN THE SMALL BUSINESS ADMINISTRATION.

HART PRECISION PRODUCTS, INC.:

HART PRECISION PRODUCTS, INC. (HART), PROTESTS THE AWARD TO DETROIT DIESEL ALLISON DIVISION (DDAD) OF ANY CONTRACT FOR OIL SEAL RINGS, AN ITEM ALLEGED BY HART TO BE SET ASIDE FOR SMALL BUSINESS. HART ALSO ALLEGES THAT DDAD IS A DIVISION OF GENERAL MOTORS CORPORATION AND NOT A SMALL BUSINESS.

WE DISMISS THE PROTEST WITHOUT OBTAINING A REPORT FROM THE CONTRACTING AGENCY, IN ACCORDANCE WITH SECTION 21.3(G) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.3(G) (1984).

UNDER 15 U.S.C. SEC. 637(B)(6) (1982), THE SMALL BUSINESS ADMINISTRATION HAS CONCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT PURPOSES. THEREFORE, OUR OFFICE DOES NOT CONSIDER SIZE STATUS PROTESTS. FOOD SERVICE, INC., B-213802, DEC. 19, 1983, 84-1 CPD PARA. 1.

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