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B-184294 1 (1975-07-14)

handle is hein.gao/gaobadclv0001 and id is 1 raw text is: THE COMPTROLLER GENERAL ECISION . OF THE UNITED STATES WASHINGTON. 0. C. 20549 FILE: B-184294 DATE: July 14, 1975 MATTER OF: Sunshine Peninsula, Inc. DIGEST: Question concerning small business size status of bidder is not for consideration since conclusive authority over ques- tion is vested by statute in SBA. Sunshine Peninsula, Inc. (Sunshine), has protested against an award to Fennell and Associates (Fennell), under small business set- aside invitation for bids No. N62467-74-B-0538, issued by the Depart- ment of the Navy, Naval Facilities Engineering Command, Charleston, South Carolina. Sunshine contends that Fennell is not a small business concern because it has reason to believe that the parties which own the con- trolling interest of Fennell also own the controlling interest of Mamba Engineering, Inc., which has receipts approaching $18 million for the preceding fiscal year. Sunshine claims that this violates the small business regulation at 13 C.F.R. § 121.3-2(a)(1) (1974). 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 determination reached by SBA as to which concerns are to be designated as small business. In discharge of this .responsibility, SBA has promulgated regulations which have the force and effect of law (Otis Steel Prod- ucts Corporation v. United States, 161 Ct. Cl. 694 (1963)), found at part 121 of chapter I of the C.F.R., title 13 (1974). Section 121.3-4 (1974), Size determinations, states, in perti- nent 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 includ- ing its affiliates) whose size is in question is located * * *. Such determination shall be final unless appealed - 1 -

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