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B-208249.2 1 (1982-08-31)

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B-208249.2


THE COMPTROLLER GENERAL
OF THE UNITED STATEU
WASHINGTON 0. 3C.0154U



      D)ATE:August 31, 1982


MAATTER OF: Putnam Mills Corporation--Reconsideration

DIGEST:

      Prior decision, which dismisned a protest
      on the basis that allegations concerning
      the small business size stAtus of a con-w
      cern will not be considered by GAO since
      conclusive authority for size status
      determinations is vested in the Small
      Business Administration, is affirmed.

      Putnam Mills Corporation requests that we recon-
 sider our decision on the matter of Putnam Mills
 Corporation, B-208249, July 23, 1982,--82-2-CPD   . *In
 that decisTon we dismissed Putnam Mills' protest con-
 cerning the proposed award of a contract to H. Landau
 Co. under invitation for bids 1o. DLA 100-82-B-0797, a
 small business set-aside issued by the Defense
 Logistics Agency.  Putnam Mills alleged that H. Landau
 planned to secure dyeing and finishing services in con-
 nection vith the set-aside froma firm which is not a
 small business and that therefore H. Landau did not
 qualify as a small business concern with respect to
 this procurement. We dismissed the protest on the
 basis that under 1 5 aR.C.   637(h)(61 (1Q7 1.yg h1 a.n


                 conclusively determines size status for Federal pro-
                 curements.   In view of the SBA's conclusive authority,
                 our Office will not review questions concerning a bid-
                 der's small business size status. See Doyle Shirt
                 Manufacturing__Corp., B-205959, January 11, 19-82, 82-1
                 CPD 2810

                      Putnam Mills' now requests that we reconsider our
                 decision on the basis of additional evidence which, in
                 the protester's view, shows that H. Landau's supplier
                 is not a small business concern. Our initial decision
                 was based entirely upo the SBA'e conclusive authority
                 to determine size status and not upon an insufficient
                 factual showing.  Thus, the additional evidence is
                 irrelevant. Since Putnam Mills has not established



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