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B-192310 1 (1978-07-26)

handle is hein.gao/gaobadgfw0001 and id is 1 raw text is: 






              S(    - 1  TME COMPTROLLER OWNERAL
DECI5ICN      .        .OF   THE   UNITED    UTATE
                         WAGUIIVGlTDN.   D.C.  2054U
                 LNIT -~


FILE:   B-192310              DATE:  JulY 26, 1978

MATTER   OF: Bud Johnson Construction Co., Inc.


DIGEST:
      Protest concerning small business size
      status of bidder is not for consideration
      by C'neral Accounting Office since by
      law it is a matter for decision by
      Small Business Administration.

      Bud Johnson Construction Co., Inc.,protests
the small business size-status of Watson-Forsberg Co.
which was awarded a contract with the Veterans Adminis-
tration pursuant to invitation for bids No. 618-42-78,
a small business set-aside. The protester contends that
Watson-Forsberg Co. was not eligible for this award
because of its affiliation with Watson Construction Co.,
a large general contractor, and several of its affiliates.
The protester asserts that officers of Watson-Foraberg
also sit on the boards of directors of many of these
affiliated companies.  Thus, the protester contends that
Watson-Porsberg should not be considered a small busi-
ness concern.

     Under 15 U.S.C. S 631(b) (1976), the Small Busi-
ness Administration is empowered to conclusively
determine matters of small business size status for
Federal procurement and sales purposes. Accordingly,
the matter is for resolution by the Small Business Ad-
ministration and not this Office. Pine Products Cor-
pration;  Timber Investors, Inc., B-191483, March 21,
1978, 78-1 CPD 239.

     Therefore, the protest is dis issed.


                     -Paul G. De 1 ng
                     General Counsel


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