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B-187461, OCTOBER 5, 1976

B-187461 Oct 05, 1976
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INDIAN MADE PRODUCTS COMPANY: THIS IS A PROTEST BY INDIAN MADE PRODUCTS COMPANY (INDIAN MADE) CONCERNING THE DECISION OF THE SMALL BUSINESS ADMINISTRATION (SBA) NOT TO ISSUE A CERTIFICATE OF COMPETENCY (COC) FOR INDIAN MADE UNDER SOLICITATION FP00-E2-48910A. OUR OFFICE IS NOT AUTHORIZED TO REVIEW SBA DETERMINATIONS OR TO REQUIRE THE SBA TO ISSUE A COC OR TO REOPEN A CASE WHEN A COC HAS BEEN DENIED. SUCH A MEETING WILL BE HELD IN ORDER TO EXPLAIN FULLY TO THE APPLICANT THE REASONS FOR SBA'S ACTIONS. 13 C.F.R. 124.8-16(D) (1976). SUCH CONFERENCE IS FOR THE SOLE PURPOSE OF ENABLING THE APPLICANT TO IMPROVE OR CORRECT ITS CAPACITY OR CREDIT AND DOES NOT CONSTITUTE A BASIS FOR REOPENING THE CASE IN WHICH THE CERTIFICATE WAS DENIED.

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B-187461, OCTOBER 5, 1976

GENERAL ACCOUNTING OFFICE HAS NO AUTHORITY TO REVIEW A SMALL BUSINESS ADMINISTRATION DETERMINATION TO DECLINE TO ISSUE A CERTIFICATE OF COMPETENCY.

INDIAN MADE PRODUCTS COMPANY:

THIS IS A PROTEST BY INDIAN MADE PRODUCTS COMPANY (INDIAN MADE) CONCERNING THE DECISION OF THE SMALL BUSINESS ADMINISTRATION (SBA) NOT TO ISSUE A CERTIFICATE OF COMPETENCY (COC) FOR INDIAN MADE UNDER SOLICITATION FP00-E2-48910A, ISSUED BY THE GENERAL SERVICES ADMINISTRATION. THE FIRM REQUESTS THAT THE DENIAL BE RECONSIDERED BY THE SBA.

UNDER 15 U.S.C. 637(B)(7) (1970), SBA HAS THE AUTHORITY TO CONCLUSIVELY DETERMINE THE CAPACITY AND CREDIT OF SMALL BUSINESS CONCERNS FOR A PARTICULAR PROCUREMENT. OUR OFFICE IS NOT AUTHORIZED TO REVIEW SBA DETERMINATIONS OR TO REQUIRE THE SBA TO ISSUE A COC OR TO REOPEN A CASE WHEN A COC HAS BEEN DENIED. ENVIRONMENTAL TECTONICS CORPORATION, B-185259, FEBRUARY 13, 1976, 76-1 CPD 101; UNITRON ENGINEERING COMPANY, B-181350, AUGUST 29, 1974, 74-2 CPD 112.

SBA REGULATIONS PROVIDE THAT IF AN APPLICANT REQUESTS A MEETING WITH THE APPROPRIATE SBA REGIONAL PERSONNEL TO DISCUSS THE REASONS FOR DENIAL OF A COC, SUCH A MEETING WILL BE HELD IN ORDER TO EXPLAIN FULLY TO THE APPLICANT THE REASONS FOR SBA'S ACTIONS. 13 C.F.R. 124.8-16(D) (1976). HOWEVER, SUCH CONFERENCE IS FOR THE SOLE PURPOSE OF ENABLING THE APPLICANT TO IMPROVE OR CORRECT ITS CAPACITY OR CREDIT AND DOES NOT CONSTITUTE A BASIS FOR REOPENING THE CASE IN WHICH THE CERTIFICATE WAS DENIED. C.F.R., SUPRA.

ACCORDINGLY, THE PROTEST IS DISMISSED.

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