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B-416963 1 (2018-12-20)

handle is hein.gao/gaobadvka0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Dehler Manufacturing Co., Inc. File: B-416963 Date: December 20, 2018 Kristi Morgan Aronica, Esq., and Mark A. Weitz, Esq., Weitz Morgan PLLC, for the protester. James W. Kim, Esq., and Llewelyn M. Engel, Esq., McDermott Will & Emery LLP, for Chicago American Manufacturing LLC, the intervenor. Garry L. Brewer, Esq., and Barbara Hebel, Esq., Department of the Army, and Sam Q. Le, Esq., Small Business Administration, for the agencies. Louis A. Chiarella, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that Small Business Administration (SBA) improperly failed to follow its own regulations in connection with deciding whether protester was a small business concern, and thus eligible for the Certificate of Competency program, is dismissed because protest essentially challenges SBA's determination of protester's small business size status, which is within SBA's exclusive statutory authority to determine and not for review under Government Accountability Office Bid Protest Regulations. 2. Protester is not an interested party to challenge substance of contracting agency's evaluation of its quotation where record shows that protester is not a small business, and procurement is set aside for exclusive small business participation. DECISION Dehler Manufacturing Co, Inc., of San Antonio, Texas, protests the issuance of a delivery order to Chicago American Manufacturing LLC, of Chicago, Illinois, under request for quotations (RFQ) No. W912DY-1 8-T-0241, issued by the Department of the Army, Corps of Engineers, Huntsville Army Engineering & Support Center (Corps), for the provision and installation of furnishings. Dehler argues the Small Business Administration (SBA) erred in denying Dehler a Certificate of Competency (COC) review based on an allegedly incorrect size status determination of the vendor. We dismiss the protest.

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