B-189148, JUNE 21, 1977
Highlights
REJECTION OF LOW SMALL BUSINESS BID WHERE SBA DECLINED TO ISSUE CERTIFICATE OF COMPETENCY IS NOT MATTER FOR RESOLUTION PURSUANT TO GAO'S BID PROTEST FUNCTION. PROFESSIONAL MAINTENANCE SERVICE: THIS IS A PROTEST BY PROFESSIONAL MAINTENANCE SERVICE (PROFESSIONAL) AGAINST THE DENIAL OF AN AWARD UNDER INVITATION FOR BIDS (IFB) DACW25 77-B -0018. PROFESSIONAL WAS FOUND TO BE NONRESPONSIBLE BY THE PROCURING ACTIVITY. SINCE PROFESSIONAL IS A SMALL BUSINESS CONCERN THE MATTER WAS REFERRED TO THE SMALL BUSINESS ADMINISTRATION PURSUANT TO ARMED SERVICES PROCUREMENT REGULATION (ASPR) SEC. 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.
B-189148, JUNE 21, 1977
REJECTION OF LOW SMALL BUSINESS BID WHERE SBA DECLINED TO ISSUE CERTIFICATE OF COMPETENCY IS NOT MATTER FOR RESOLUTION PURSUANT TO GAO'S BID PROTEST FUNCTION.
PROFESSIONAL MAINTENANCE SERVICE:
THIS IS A PROTEST BY PROFESSIONAL MAINTENANCE SERVICE (PROFESSIONAL) AGAINST THE DENIAL OF AN AWARD UNDER INVITATION FOR BIDS (IFB) DACW25 77-B -0018, ISSUED BY THE CORPS OF ENGINEERS, UNITED STATES ARMY ENGINEER DISTRICT, ROCK ISLAND, ILLINOIS.
PROFESSIONAL WAS FOUND TO BE NONRESPONSIBLE BY THE PROCURING ACTIVITY. SINCE PROFESSIONAL IS A SMALL BUSINESS CONCERN THE MATTER WAS REFERRED TO THE SMALL BUSINESS ADMINISTRATION PURSUANT TO ARMED SERVICES PROCUREMENT REGULATION (ASPR) SEC. 1-705.4 (1976 ED.) FOR DETERMINATION AS TO WHETHER A CERTIFICATE OF COMPETENCY (COC) SHOULD BE ISSUED. PURSUANT TO 15 U.S.C. 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. SBA DECLINED TO ISSUE PROFESSIONAL A COC FOR THIS PROCUREMENT.
PROFESSIONAL CONTENDS, WITHOUT PROVIDING ANY SUPPORT THEREFOR, THAT ACTIONS TAKEN BY THE PROCURING ACTIVITY AND SBA WERE ARBITRARY, CAPRICIOUS, FRAUDULENT, AND WITHOUT FOUNDATION.
OUR OFFICE DOES NOT INVOLVE ITSELF IN PROTESTS CONCERNING REJECTION OF A SMALL BUSINESS BID IN WHICH SBA HAS REFUSED TO ISSUE A COC. THE REASON FOR THIS IS THAT THE STATUTE WHICH ESTABLISHED THE ADMINISTRATIVE PROCESS FOR CONCLUSIVELY DETERMINING THE CAPACITY AND CREDIT OF A SMALL BUSINESS CONCERN PLACES THE JURISDICTION THEREFOR IN THE SBA. ACCORDINGLY, THIS OFFICE DOES NOT REVIEW SBA DETERMINATIONS IN SUCH MATTERS. LULEJIAN & ASSOCIATES, INC., B-188389, FEBRUARY 28, 1977, 77-1 CPD 149. ALSO, SEE TRILON EDUCATION CORPORATION, B-184973, JULY 16, 1976, 76-2 CPD 49.
ACCORDINGLY, A FURTHER REVIEW OF THIS MATTER WOULD SERVE NO USEFUL PURPOSE.