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B-184707 1 (1975-09-29)

handle is hein.gao/gaobadcmg0001 and id is 1 raw text is: 9 O0LLR AC~ . THE COMPTROLLER GENERAL OECISION OP THE UNITEO STATES WASHINGTON, D.C. 20548 FILE: B-184707 DATE: September 29, 1975 MATTER OF: Brooks-Berry-Haynie & Associates, Inc. DIGEST: Propriety of average annual receipts requirement for concern to be considered small business is not for determination by GAO since conclusive authority over that question as well as question of size status of low bidddr is vested by statute in SBA. Brooks-Berry-Haynie & Associates (Brooks) has protested the award of a contract to Acme Electric, Inc., under invitation for bids F09609-75-B-0137, issued for the replacement of airfield lighting at Dobbins Air Force Base, Georgia. The solicitation was totally set aside for small business participation. The protester contends that the contracting officer erroneously has applied a small business size standard which would exclude firms with average annual receipts in excess of $7,500,000. It is argued that since the advertised requirement was entirely for electrical work the contracting officer should have applied the $2,000,000 average annual receipts criterion for electrical work. Under the latter criterion, protester believes that Acme is not a small business concern. Brooks asks that this Office conduct a full and complete inves- tigation of Acme's size status and also that this Office see to it that the $2,000,000 size standard be applied to the contract in question as well as to all future electrical contracts. Pursuant to 15 U.S.C. 637(b)(6), the Small Business Administra- tion (SBA) is empowered to determine a business concern's size status for procurement purposes. Offices of the Government having procurement powers must accept as conclusive SBA's determination as to which concerns are to be designated small business. In discharge of this responsibility, SBA has promulgated regulations, which have the force and effect of law (Otis Steel Products Corps. v. United States, 161 Ct. Cl. 694 (1963)), found at part 121 of chapter I of CFR title 13. - 1 -

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