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B-187200 1 (1976-09-23)

handle is hein.gao/gaobadcyc0001 and id is 1 raw text is: o.ER 0 o pTHE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON. D.C . 20548 HP~ FILE: B-187200 DATE: September 23, 1976 MATTER OF: DoAll Iowa Company DIGEST: 1. Pursuant to 15 U.S.C. § 637(b)(6) (1970), SBA, rather than GAO, conclusively determines whether a concern is a small business for purposes of particular procurement. Accordingly, GAO does not consider small business size protests even if SBA declines to issue ruling applica- ble to the procurement in question because protest is untimely under SBA regulation. 2. Protest by large business concern that low small busi- ness bidder lacks capacity to perform contract is dis- missed because protester is not interested party under 4 C.F.R. § 20.1(a) (1976). In any event, affirmative determinations of responsibility are not reviewed by GAO except for reasons not applicable in this case. This is a protest by DoAll Iowa Company (DoAll) concerning the award of a contract to the Don Jenness Company, under procurement DAAAO9-76-C-6822, issued by Rock Island Arsenal, Illinois. The procurement is a total small business set-aside, and DoAll alleges that the awardee does not qualify as a small business concern for the subject procurement. The protester argues that the contractor is not the true manufacturer of the-goods offered since it proposes to purchase parts, allegedly constituting over 70 percent of the cost, from a manufacturer which is not a small business. The protester's contention that the awardee is not a small busi- ness manufacturer for purposes of the subject procurement is a matter for consideration by the Small Business Administration (SBA). SBA regulations, at 13 C.F.R. § 121.3-8(c) (1976), state that: - 1 -

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