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B-188006 1 (1976-12-30)

handle is hein.gao/gaobadeih0001 and id is 1 raw text is: I


                                           THe  COgMPTRaOLE MEmmMAL
                  DM    WI0N .           . OP   THE   UNITEZ SATUES
                                           WASHINGTON. C.C. UCU4&
                     , WItt


                  PILE:  3188006                 DATE:  Deser   30, 19

                  MATTER  OF:   Maecon, Inc.


                  DIGEST:


                      Questlon concernns small business sise status of
                      bidder is not for consideration by GAO since con-
                      elusive authority over question is vested by
                      statute in SBA.


                      Maccon, Inc. has protested the proposed award of a contract by
                  the Department of the Navy, Western Diviiional Naval Facility
                  Zugineering Command, under IFB N62474-74-3-6575 for the replacement
                  of tesn and condc-nsate ducts and lines at the Mare Island Naval
                  Shipyard, Vallejo, California. WXenon alleges that the apparent
                  low bidder is ineligible for award since the procurement is a small
                  business sec-aside and the apparent low bidder is not a small
                  business concern.

                      The Sral lusiness Administration has been granted conclusive
                 authority intr 15 U.S.C. I 637(b)(6) (1970) to determine the site
                 statua of sall business concerns for procurement purposes. There-
                 fore, our Office does not review questions of a bidder's small busi-
                 ness size status. Sunshine Peninsula, Inc., 3-184294, July 14, 1975,
                 75-2 CPD 33.

                      Accordingly, this protest is dismissed.




                                                 Paul G. Lmbling
                                                 GeneraL Counsel
.   1







                                          -1







                     III

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