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B-187075 1 (1976-08-09)

handle is hein.gao/gaobaddiq0001 and id is 1 raw text is: 



                 8    ~     THE   COMPTROLLER GRENERAL
 DECISION                    OF  THE    UNITED      STATES
                             WASHINGTON, D.C. 2o546




 FILE:  B-187075                   DATE: 'August   9, 1976

 MATTER   OF:   Becker & Goldstein, Inc.


 DIGEST:

     Since conclusive authority to decide small business
     size status of bidder is vested by statute in SBA,
     our Office is precluded from considering protests
     involving such matter.


     Becker & Goldstein, Inc. (B&G), protests the award of a
contract under invitation for bids No. N62472-75-B-0439, issued
by the Department of the Navy, Naval Facilities Engineering Com-
mand.  Counsel for B&G maintains that the apparent successful
bidder, Blakselee, Arpaia & Chapman, Inc., is not a small busi-
ness and should not receive an award.

     Bids were opened on July 20, 1976, and B&G protested Blakselee's
size status to the contracting officer on July 21, 1976.

     The issue raised by B&G concerns the size status of Blakselee.
Under 15 U.S.C. § 637(b)(6) (1970), conclusive authority to deter-
mine the size status of bidders rests with the Small Business Admin-
istration.  Consequently, our Office is precluded from considering
the matter.  Tate Engineering, Inc., B-186788, July 23, 1976.

     In view of this we are closing our file on the matter without
further action.




                             Paul G. Dembling
                             General Counsel


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