[Protest of HUD Bid Rejection]

A firm protested the Department of Housing and Urban Development's (HUD) rejection of its bid, contending that the contracting officer failed to provide the Small Business Administration (SBA) with all data relevant to making a decision to issue a certificate of competency (COC). The protester also requested that it be paid bid preparation expenses and attorney fees. The protester stated that it had given the preaward survey team a letter which supported its responsibility; however, the contracting officer violated regulations by not forwarding the letter or a copy of the solicitation to SBA. GAO has held that: (1) the contracting officer is not required to supply SBA with information that tends to show that the contractor is responsible since the burden is on the contractor to prove that it is responsible through its COC application; and (2) regulations do not require that the contracting officer send a copy of the solicitation to SBA. Accordingly, the protest was dismissed, and the claims for bid preparation costs and fees were denied.