B-210754.2, AUG 16, 1983
Highlights
DIGEST: PROCURING AGENCY IS UNDER NO LEGAL OBLIGATION TO REQUEST SBA TO RECONSIDER ITS DECLINATION TO ISSUE A COC TO A SMALL BUSINESS FIRM AFTER RECEIPT OF NEW INFORMATION WHERE CONTRACTING OFFICER HAS RECONSIDERED NONRESPONSIBILITY DETERMINATION IN LIGHT OF NEW INFORMATION PRESENTED AND DETERMINES THAT SMALL BUSINESS FIRM REMAINS NONRESPONSIBLE. WE HAVE HELD THAT IN SUCH CIRCUMSTANCES THERE IS NO LEGAL OBLIGATION FOR THE AGENCY TO REQUEST SBA RECONSIDERATION OF ITS DECLINATION TO ISSUE A COC. THE PROTEST IS CLEARLY WITHOUT LEGAL MERIT AND IS SUMMARILY DENIED WITHOUT AWAITING A REPORT FROM THE NAVY. 4 C.F.R.
B-210754.2, AUG 16, 1983
DIGEST: PROCURING AGENCY IS UNDER NO LEGAL OBLIGATION TO REQUEST SBA TO RECONSIDER ITS DECLINATION TO ISSUE A COC TO A SMALL BUSINESS FIRM AFTER RECEIPT OF NEW INFORMATION WHERE CONTRACTING OFFICER HAS RECONSIDERED NONRESPONSIBILITY DETERMINATION IN LIGHT OF NEW INFORMATION PRESENTED AND DETERMINES THAT SMALL BUSINESS FIRM REMAINS NONRESPONSIBLE.
B&L TURBINE & PUMP REPAIRS, INC.:
B&L TURBINE & PUMP REPAIRS, INC. (B&L), PROTESTS THE NAVY'S FAILURE TO SEEK A SECOND SMALL BUSINESS ADMINISTRATION (SBA) CERTIFICATE OF COMPETENCY (COC) REVIEW FOLLOWING B&L'S SUBMISSION OF NEW INFORMATION WHICH SBA HAD NOT CONSIDERED IN THE COURSE OF ITS FIRST COC REVIEW OF B&L'S RESPONSIBILITY AS A PROSPECTIVE CONTRACTOR UNDER SOLICITATIONS N00102-83-R-0609 AND N00102-83-R-0610, ISSUED BY THE PORTSMOUTH NAVAL SHIPYARD, PORTSMOUTH, NEW HAMPSHIRE.
THE NAVY HAS ADVISED US THAT ON JULY 7, 1983, FOLLOWING RECEIPT OF B&L'S SUBMISSION OF NEW INFORMATION, THE CONTRACTING OFFICER RECONSIDERED THE NONRESPONSIBILITY DETERMINATION AND FOUND THAT B&L REMAINED NONRESPONSIBLE. WE HAVE HELD THAT IN SUCH CIRCUMSTANCES THERE IS NO LEGAL OBLIGATION FOR THE AGENCY TO REQUEST SBA RECONSIDERATION OF ITS DECLINATION TO ISSUE A COC. REUBEN GARMENT INTERNATIONAL CO., INC., B-198923, SEPTEMBER 11, 1980, 80-2 CPD 191.
ACCORDINGLY, THE PROTEST IS CLEARLY WITHOUT LEGAL MERIT AND IS SUMMARILY DENIED WITHOUT AWAITING A REPORT FROM THE NAVY. 4 C.F.R. SEC. 21.3(G) (1983), AS AMENDED BY 48 FED.REG. 1931 (1983).