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B-190319, NOV 25, 1977

B-190319 Nov 25, 1977
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CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY OF SMALL BUSINESS CONCERN AND SBA'S REFUSAL TO ISSUE CERTIFICATE OF COMPETENCY WILL NOT BE REVIEWED. NORTH AMERICAN WAS FOUND TO BE NONRESPONSIBLE BY THE CONTRACTING OFFICER PURSUANT TO ARMED SERVICES PROCUREMENT REGULATION (ASPR) SECS. 1-903.1(IV) (1976 ED.). SINCE NORTH AMERICAN IS A SMALL BUSINESS CONCERN. THE MATTER WAS REFERRED TO THE SMALL BUSINESS ADMINISTRATION (SBA) PURSUANT TO ASPR SECS. 1-705.4 (1976 ED.). SBA IS EMPOWERED TO CERTIFY CONCLUSIVELY TO GOVERNMENT PROCUREMENT OFFICIALS WITH RESPECT TO THE COMPETENCY AND CREDIT OF ANY SMALL BUSINESS CONCERN TO PERFORM SPECIFIC GOVERNMENT CONTRACTS. THE SBA DECLINED TO ISSUE A COC STATING THAT ITS DECISION WAS BASED ON A COMPREHENSIVE ANALYSIS OF ALL AVAILABLE INFORMATION.

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B-190319, NOV 25, 1977

CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY OF SMALL BUSINESS CONCERN AND SBA'S REFUSAL TO ISSUE CERTIFICATE OF COMPETENCY WILL NOT BE REVIEWED.

NORTH AMERICAN BUSINESS MACHINES CORPORATION:

NORTH AMERICAN BUSINESS MACHINES CORPORATION (NORTH AMERICAN) HAS PROTESTED THE REJECTION OF ITS BID UNDER SOLICITATION NO. MDA903-78-B 0003, ISSUED BY THE DEFENSE SUPPLY SERVICE, DEPARTMENT OF THE ARMY.

NORTH AMERICAN WAS FOUND TO BE NONRESPONSIBLE BY THE CONTRACTING OFFICER PURSUANT TO ARMED SERVICES PROCUREMENT REGULATION (ASPR) SECS. 1-903.1(IV) (1976 ED.). SINCE NORTH AMERICAN IS A SMALL BUSINESS CONCERN, THE MATTER WAS REFERRED TO THE SMALL BUSINESS ADMINISTRATION (SBA) PURSUANT TO ASPR SECS. 1-705.4 (1976 ED.) FOR A DETERMINATION AS TO WHETHER A CERTIFICATE OF COMPETENCY (COC) SHOULD BE ISSUED. UNDER 15 U.S.C. SECS. 637(B) (7) (1970), SBA IS EMPOWERED TO CERTIFY CONCLUSIVELY TO GOVERNMENT PROCUREMENT OFFICIALS WITH RESPECT TO THE COMPETENCY AND CREDIT OF ANY SMALL BUSINESS CONCERN TO PERFORM SPECIFIC GOVERNMENT CONTRACTS. BY TELEGRAM, DATED SEPTEMBER 30, 1977, THE SBA DECLINED TO ISSUE A COC STATING THAT ITS DECISION WAS BASED ON A COMPREHENSIVE ANALYSIS OF ALL AVAILABLE INFORMATION.

NORTH AMERICAN BELIEVES THAT THE CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY AND SBA'S REFUSAL TO ISSUE A COC WERE BASED ON ERRONEOUS FACTS.

OUR OFFICE DOES NOT REVIEW THE PROPRIETY OF SBA'S COC DETERMINATIONS, AND WILL NOT QUESTION A CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY OF A SMALL BUSINESS CONCERN WHERE IT HAS BEEN AFFIRMED BY SBA'S DENIAL OF A COC. PROFESSIONAL MAINTENANCE SERVICE, B-189148, JUNE 21, 1977, 77-1 CPD 442; DREXEL INDUSTRIES, INC., B-186840, NOVEMBER 22, 1976, 76-2 CPD 439. ALSO, WE HAVE NO AUTHORITY TO REQUIRE SBA TO ISSUE A COC OR TO REOPEN A CASE WHEN A COC HAS BEEN DENIED. ZINGER CONSTRUCTION COMPANY, INC., B-185390, DECEMBER 16, 1975, 75-2 CPD 397.

CONSEQUENTLY, OUR OFFICE WILL NOT CONSIDER THE MERITS OF THE PROTEST.

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