Issuing or Declining To Issue Certificate of Responsibility Is SBA Determination

A protester, who was considered nonresponsible, questioned the award of a contract by the Air Force to a competitor who was also judged to be nonresponsible. Following a preaward survey, a contract for mess attendant services was denied to the protester and the matter was referred to the Small Business Administration (SBA) for Certificate of Competency (COC) consideration. A COC was denied to the protester, but awarded by the SBA to a competitor whom the contracting officer had determined was also nonresponsible. The protester questioned the need for a COC in view of the solicitation's requirement for a performance bond, and suggested the denial of the COC was the result of racial discrimination. GAO held that a performance bond serves only to protect the Government's interest up to the amount of the bond, but does not assure that performance will be satisfactory and is not a substitute for the statutory requirement that contracts be awarded only to responsible prospective contractors. Since the protester offered no evidence to support the allegation of discrimination, GAO did not review denial of the COC.