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[Protest of Determination of Nonresponsibility]

B-210138 Published: Feb 24, 1983. Publicly Released: Feb 24, 1983.
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Highlights

A firm protested a contracting officer's determination that it was nonresponsible and therefore ineligible for an award under an Army solicitation. The protester contended that the preaward survey, which formed the basis for the determination of nonresponsibility, was incorrect. Since the protester was a small business, the Army referred its determination to the Small Business Administration (SBA) for consideration under Certificate of Competency (COC) procedures; however, SBA closed its file without issuing a COC, because the protester failed to submit required documentation with its application. GAO held that it is the responsibility of a small business firm to file a complete and acceptable COC application with SBA to avail itself of the protection against unreasonable determinations by contracting officers. Further, GAO stated that it would not question a contracting officer's negative responsibility determination where it had been affirmed by an SBA denial of a COC. The protester also alleged that no preaward survey was made of the awardee and that the awardee was having difficulty completing the contract. GAO stated that it is within the contracting officer's discretion not to conduct a preaward survey and GAO will not review such a decision absent a showing of fraud or an allegation of failure to apply definitive responsibility criteria. Further, GAO stated that whether the awardee was satisfactorily performing its contract was a matter of contract administration not for consideration under bid protest procedures. Accordingly, the protest was dismissed.

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Army procurementBid rejection protestsBidder responsibilityCertificates of competencyPreaward surveySmall business contractors