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B-189266 1 (1978-03-29)

handle is hein.gao/gaobadfvz0001 and id is 1 raw text is: THE COWIPTROLLER ENERAL DECISION J A OF THE UNITED STATEES VW/ASHINGTON. D.C. 2O516 FILE: B-191236 DATE: March 23,. 1978 MATTER OF: Dr. Robert S. Ray Association DIGEST: Where firm protests exercise by Air Force of first-year option of contract on basis that contractor was not small business, and Air Force treats protest as protest of small buriness status received after award, forwarding protest to'SBA for considera4 -n in future actions in accordance with ASPR S 1-703 (b)(l)c, GAO will not -onsider protest since vatter objected to relates to administration of contract which is responsibility of contzracting agency and not for resolution Linder our bid protest procedures. Moreover, authority to determine size status of business concern is vested in SBA. By letter of March 3, 1978, counsel for Dr. Robert S. Ray Association (hereafte; Ray) protests for the second time the Air Force's decision to exercise its first-year option under solicitation F41699-77-09011 (contract F41699-77-90046). The basis for Ray's fixst protest, lodged by letter of February 3, 1978, was that the partner- ship of Joseph Carabin, M.D., and Michael D. Howard, M.D., did not qualify as a small business since the partnership was affiliated with two concerns, M&S X-Ray Associates and the University of Texs, neither oi' which was within the $2.0 million size standard. Since the firEt. protest questioned the partnership's size status, we, in our decision B-191236 of Febzu- ary 27, 1978, declined to consider the protest on t,.j basis that the authority to determine the size status of a business is vested in the Small Business Administration (SBA). 9

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