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B-187555 1 (1976-12-21)

handle is hein.gao/gaobadehy0001 and id is 1 raw text is: N4 THU COMPTNU3LLWIP N WlWAL DECIUION op TE UNITED ESTAIreS WAUeMIN TON. 0.0. *04U ' FILE: I-187555 DATE: w a igr6 MATTER OF: Integrity Wanagement International. Inc. DIGEST: 1. SBA ducilion tha.t concnrE a small buiness is conclusive and not sbj ect to review by .A0. 2. Protest that contractor is afftliated with debarred firms and Ineligible for award Is not for conrideration by GA0, since Service Contract Act provides that Federal agency bead an Secr-stary of Labor are to eaforce act; such enforce- at powers including making deteruinations regarding affills- tion. Intesrity Managenmat Intrnatlanal, Inc. (Integrity), has protested th award of a m--s attendant seriices contract to Dpeteria Inc., under solicitation No.. DAKF14-76-B-0193, by the United States Army Support Command Hawaii, Fort Shaftar, Hawaii. Integrity's bases for prottist are that (1) Dyneteria is not a emall business ancern as required by the solicitation and the Army therefore 3jas not authorised to proceed witL the procurement absent a size detenination by the Small Busines Administration (SBA); and (2) Dynetats is affiliated hithtwo firms, I.e., Dynamics Enterprises and Dynamia International, which have been debarred for violations of the Soritee Contract Act of 1965, 41 U.S.C. S 351, It seq. (1970), and was therefore ineligible for award. On Octkber 28, 1976, the 1BA deLermined that Dyneteria was a mall busines for thisprourement. Under 15 U.S.C I 637(B)(6) (1970)g theISBA's decision as to the size status of a concern is conclusiveand not subject to review by our Office. La Crosse Carment ManufacturingCompany, B-187243, Septembar 2, 1976, 76-2 CFD 216, and cases cited therein. - Integrity's allegation that Dyneteria is affiliated with debarred firms and ineligible for award Is al'o not for consideration by our Office, since the Service Contract Act provides that the Federal agency head and the Secretary of Labor are to enforce the act; such 1

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