[Protest of Proposed Army Contract Award Alleging Low Bidders Not Responsible]

B-214500: May 23, 1984

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A firm protested a proposed Army contract award under a solicitation which was a partial small business set-aside. The protester alleged that neither the proposed awardee nor the second low bidder met the solicitation's definitive responsibility criteria. The question of the proposed awardee's responsibility was referred to the Small Business Administration (SBA) which issued a Certificate of Competency. However, the the Army appealed the SBA determination on the same basis alleged by the protester. GAO does not question SBA determinations unless fraud or bad faith on the part of Government officials is shown or unless information pertaining to definitive responsibility criteria has not been considered. In this case, no fraud or bad faith was shown, and the Army's appeal has notified SBA concerning the solicitation's definitive responsibility criteria. Accordingly, the protest was dismissed.