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A firm protested an Army contract award for mess attendant services. GAO held that the protest was academic, since the Army decided to resolicit bids and award a new contract in response to the protest. Accordingly, the protest was dismissed.

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B-212411, JUL 28, 1983

DIGEST: QUESTIONS CONCERNING SMALL BUSINESS SIZE STATUS WILL NOT BE CONSIDERED BY GAO SINCE CONCLUSIVE AUTHORITY OVER SUCH MATTERS IS VESTED BY STATUTE IN THE SMALL BUSINESS ADMINISTRATION.

EAGLE I LIMITED:

EAGLE I LIMITED (EAGLE) PROTESTS THE PROPOSED AWARD OF A CONTRACT TO UNIVERSAL PROJECT BY THE DEPARTMENT OF THE AIR FORCE UNDER SOLICITATION NO. F-04607-83-B-0025. EAGLE ASSERTS THAT UNIVERSAL PROJECT IS INELIGIBLE FOR AWARD BECAUSE IT IS NOT A SMALL BUSINESS FOR THIS PROCUREMENT.

UNDER 15 U.S.C. SEC. 637(B)(6) (1976), THE SMALL BUSINESS ADMINISTRATION HAS EXCLUSIVE AUTHORITY TO DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT PURPOSES. WILLIAMSON MACHINE CO. INC., B-210580, FEBRUARY 7, 1983, 83-1 CPD 136. THEREFORE, OUR OFFICE WILL NOT CONSIDER EAGLE'S PROTEST CONCERNING THE SMALL BUSINESS SIZE STATUS OF UNIVERSAL PROJECT.

THE PROTEST IS DISMISSED.