B-149096, SEP. 11, 1962
Highlights
YOU REASSERT YOUR CONTENTION THAT HYDRODYNE IS NOT A RESPONSIBLE CONTRACTOR. "THAT THE CERTIFICATION OF THE SMALL BUSINESS ADMINISTRATION IS CONCLUSIVE UPON THE PROCURING AGENCY AS TO THE PROSPECTIVE SMALL BUSINESS CONTRACTOR'S OVER- ALL ABILITY TO MEET QUALITY. EVEN ASSUMING THAT YOUR ALLEGATIONS ARE BOTH CORRECT AND RELEVANT TO THE QUESTION OF RESPONSIBILITY.
B-149096, SEP. 11, 1962
GREER HYDRAULICS, INC:
IN YOUR LETTER OF AUGUST 21, 1962, YOU ASK US TO RECONSIDER OUR DECISION OF AUGUST 9, 1962, WHICH DENIED YOUR PROTEST AGAINST TO AWARD OF A CONTRACT TO HYDRODYNE INDUSTRIES, INC., PURSUANT TO INVITATION FOR BIDS NO. ORD-20-113-62-1397. YOU REASSERT YOUR CONTENTION THAT HYDRODYNE IS NOT A RESPONSIBLE CONTRACTOR, AND MAKE CERTAIN ALLEGATIONS WHICH YOU SAY SUPPORT YOUR CONTENTION.
WE STATED IN OUR DECISION OF AUGUST 9, 1962, THAT THIS OFFICE HAS CONSISTENTLY HELD, PURSUANT TO STATUTORY LAW AND REGULATION, "THAT THE CERTIFICATION OF THE SMALL BUSINESS ADMINISTRATION IS CONCLUSIVE UPON THE PROCURING AGENCY AS TO THE PROSPECTIVE SMALL BUSINESS CONTRACTOR'S OVER- ALL ABILITY TO MEET QUALITY, QUANTITY AND TIME REQUIREMENTS OF THE PROCUREMENT, AS WELL AS THE NECESSARY CREDIT TO PERMIT ADEQUATE PERFORMANCE. SEE 38 COMP. GEN. 864.' THEREFORE, EVEN ASSUMING THAT YOUR ALLEGATIONS ARE BOTH CORRECT AND RELEVANT TO THE QUESTION OF RESPONSIBILITY, OUR OFFICE HAS NO JURISDICTION TO CONSIDER OR RECONSIDER THE DECISION OF THE SMALL BUSINESS ADMINISTRATION TO ISSUE CERTIFICATE OF COMPETENCY. ACCORDINGLY, OUR DECISION OF AUGUST 9, 1962, MUST BE SUSTAINED.