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B-184034 1 (1975-06-19)

handle is hein.gao/gaobadcho0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-184034 DATE: June 19, 1975 MATTER OF: Wil-Da Mechanical & Electrical Co., Inc. DIGEST: Question concerning small business size status of bidder is not for consideration since conclusive authority over the question is vested by statute in SBA. Wil-Da Mechanical & Electrical Co., Inc. (Wil-Da), protested against award being made to Robert L. Guyler (Guyler), under invitation for bids No. DACA63-75-B-0126, issued by the Corps of Engineers, Fort Worth District, Fort Worth, Texas. Wil-Da contends that Guyler is not a small business concern as its alleged parent company has current Government contracts in excess of $20 million which would exclude it from the small business category. Pursuant to 15 U.S.C. § 637(b)(6) (1970), the Small Business Administration (SBA) is empowered to determine a business concern's size status for procurement purposes. Offices of the Government having procurement powers must accept as conclusive any determina- tion reached by SBA as to which concerns are to be designated as small business. In discharge of this responsibility, SBA has promul- gated regulations which have the force and effect of law (Otis Steel Products Corporation v. United States, 161 Ct. Cl. 694 (1963)), found at part 121 of chapter I of the Code of Federal Regulations (C.F.R.), title 13 (1974). Section 121.3-4 (1974), Size determinations, states, in pertinent part, that: Original size determinations shall be made by the Regional Director, or his delegatee, serving the region in which the principal office of the concern (not including its affiliates) whose size is in question is located, * * *. Such determination shall be final unless appealed in the manner provided in - 1 -

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