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B-184363 1 (1975-07-18)

handle is hein.gao/gaobadclm0001 and id is 1 raw text is: o -~ ~THE COMPTROLLER GENERAL !DECISIC31\l .'. OF THE UNITED STATES WASHINGTON, O.C. 20548 FILE: B-184363 DATE: July 18, 1975 MATTER OF: A. J. Fowler DIGEST: Question concerning small business size status of bidder is not for consideration since conclusive authority over the question is vested by statute in SEA. A. J. Fowler protested against an award to Midland Maintenance, Inc., under invitation for bids No. DABT39-75-B-0058, issued by Headquarters, United States Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma. Fowler contends that Midland is not a small business concern within the meaning of the Small Business Administration (SEA) regulations as one of its affiliates, Inland Service, is a large business. Mr. Fowler attached to the protest a determination by the Oklahoma City office of the SEA that, for the instant procurement, Midland Maintenance, Inc., is a small business. Pursuant to 15 U.S.C. S 637(b)(6) (1970), the Small Business Administration is empowered to determine a business concern's size status for procurement purposes. Offices of the Government having procurement powers must accept as conclusive any determina- tion reached by SEA as to which concerns are to be designated as small business. In discharge of this responsibility, SBA has promulgated regulations which have the force and effect of law. See Otis Steel Products Corporation v. United States, 161 Ct. C1. 694 (1963); part 121 of chapter I of the Code of Federal Regulations (C.F.R.), title 13 (1974). Section 121.3-4 (1974), Size determinations, states, in pertinent part, that: Original size determinations shall be made by the Regional Director, or his delegatee, serving the region in which the principal office of the concern (not including its affiliates) whose size is in question is located, * * *. - 1 -

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