[Request for Reconsideration of Dismissal of U.S. Military Academy Procurement Protest]

A firm requested reconsideration of the dismissal of its protest under an Army solicitation for food services. GAO had held that the Small Business Administration (SBA) has sole authority in determining the responsibility of small business concerns and that it would not overturn an SBA decision to refuse to issue the protester a Certificate of Competency. In its request for reconsideration, the protester contended that the Army: (1) failed to notify it of the referral of the matter of its responsibility to SBA; (2) failed to notify it of a contract award to another bidder; and (3) should have awarded it the contract, notwithstanding the SBA determination. GAO held that: (1) the Army was not required to notify the protester of the SBA referral; (2) at the time of the request for reconsideration, the contract had not been awarded; and (3) since the protester had not provided the Army with new information bearing on its responsibility, it was bound by the SBA determination. Accordingly, the original dismissal was affirmed.