Protest of Contract Award Based on SBA Failure To Act on COC Application Within 15-Day Period

A firm protested the award of a contract to any other bidder alleging it was the lowest responsive and responsible bidder. The contracting officer determined that a competitor's bid was nonresponsive due to lack of capacity. Since the competitor was a small business the matter was referred to the Small Business Administration (SBA) for a certificate of competency (COC). The contracting officer subsequently requested all other bidders to extend their prices three consecutive times. The protester contended that the delay in making the award beyond the 15-day waiting period prejudiced all bidders other than the one competitor waiting for a COC decision because they were forced to hold open their bid prices. The Government has no right to a bid extension. It is for each bidder to decide whether it wishes to continue to have its bid in an open status. Where a protester's initial submission indicates a protest is without legal merit, GAO will decide the matter without requesting a report from the procuring agency. The protest was denied.