Portac, Inc., No. 3827 (September 16, 1993)
Docket No. SIZ-93-7-6-79


                    UNITED STATES OF AMERICA
                                
                  SMALL BUSINESS ADMINISTRATION
                                
                 OFFICE OF HEARINGS AND APPEALS
                                
                        WASHINGTON, D.C.


SIZE APPEAL OF:               )
                              )
Portac, Inc.                  )
                              )
     Appellant                ) Docket No. SIZ-93-7-6-79
                              )
Department of Agriculture     )
Forest Service                )
Olympic National Forest       )
Olympia, Washington           )



                             DIGEST

When a Regional Office size determination is rendered in the
absence of a specific timber sale, that determination is advisory
in nature and cannot be reviewed by the Office of Hearings and
Appeals, pursuant to 13 CFR 121.1701.

                     ORDER DISMISSING APPEAL

                       September 16, 1993

WRIGHT, Administrative Judge, Presiding:

Jurisdiction

This appeal is resolved in accordance with 15 U.S.C. 632 et seq.,
and the regulations codified at 13 CFR Part 121.

Issue

Whether the Regional Office size determination can be appealed.

Facts

On May 25, 1993, the Small Business Administration (SBA) was
requested by a Contracting Officer with the Department of
Agriculture, Forest Service, Olympia, Washington, to render a
size determination, regarding Olympic Wood Products, Inc.
(Olympic), pursuant to 13 CFR 121.1601(b)(4)(ii), "for the
purpose of administering the Forest Service's -Small Business
Program." That determination was issued by the SBA Seattle
Regional Office with the date June 8, 1993, finding Olympic
"primarily engaged in the forest products industry," affiliated
with Takeuchi Lumber Co., Ltd. and Takeuchi Industries, and,
together with its affiliates, small within the 500-employee size
standard applicable to the sale of government owned timber.

On June 30, 1993 an appeal, timely within the meaning of 13 CFR
121.1705(a)(1), was filed with the Office of Hearings and Appeals
by Portac, Inc. (Portac or Appellant). 1/ That appeal alleges
that certain subsidiaries of the named affiliates in the
determination were not included in the Regional Office evalua-
tion, and that to do so would demonstrate Olympic and its
affiliates to be other than small, within the named size
standard.

Discussion

The regulation found at 13 CFR 121.1701 indicates, in part, the,
following:


     The jurisdiction of the Office of Hearings and Appeals
     under this part shall be limited as specified in
     paragraphs (a) and (b) of this section, to appeals from
     formal size determinations and appeals from SIC Code
     designations. No appeal will be permitted from an
     informal or advisory size opinion.

The size determination which is the subject of the present appeal
purports to determine the size of Olympic Wood Products, Inc.,
following a request of the Forest Service Contracting Officer
made pursuant to 13 CFR 121.1601(b)(4(ii). That request was
conveyed by the Contracting Officer in the context of the
initiation of a small business set-aside program "on the
Peninsula Market Area of the Olympic National Forest," but in the
absence of any particular timber sale. As such, the Regional
Office size determination rendered in this case constitutes an
informal or advisory size opinion 2/ which is not appealable to
this Office. Accordingly, the proceeding must be dismissed.

Conclusion

The present appeal is ordered DISMISSED, as beyond the
jurisdiction of the Office of Hearings and Appeals.

This constitutes the final decision of the Small Business
Administration. See 13 CFR 121.1720(b).


               
                         _______________________________
                         G. Stephen Wright (Presiding)
                         Administrative Judge
                    
                         _______________________________
                         Gloria E. Blazsik (Concurring)
                         Administrative Judge

                         _______________________________
                         Elwin H. White (Concurring)
                         Administrative Judge


_______________

1/   We observe that Portac is listed on its letterhead as a
     subsidiary of Mitsui and Company (U.S.A.), Inc.


2/   See, also 13 CFR 121.903, which provides as follows:

          Size and SIC code determinations are formal
          actions by the appropriate SBA officials, pursuant
          to 121.1601 through 121.1722, based upon a
          specific Government procurement and are binding
          upon the parties. Opinions provided by SBA to
          contracting officers or others, not relating to a
          specific government procurement and not given
          pursuant to 121.1601 through 121.1608 or 121.1701
          through 121.1722, are advisory in nature and not
          binding size determinations under these sections,
          and are not appealable.