B-192623, AUG 28, 1978

B-192623, AUG 28, 1978

DIGEST: UNDER 15 U.S.C. SEC. 637(B)(7), SMALL BUSINESS ADMINISTRATION (SBA) HAS AUTHORITY TO ISSUE OR DENY CERTIFICATE OF COMPETENCY (COC) AND GAO WILL NOT REVIEW SBA DETERMINATION, REQUIRE ISSUANCE OF COC OR REQUIRE REOPENING OF CASE WHEN COC HAS BEEN DENIED.

SEMCO, INC.:

SEMCO, INC. (SEMCO) PROTESTS THE REFUSAL OF THE SMALL BUSINESS ADMINISTRATION (SBA) TO ISSUE TO IT A CERTIFICATE OF COMPETENCY (COC) IN CONNECTION WITH INVITATION FOR BIDS NO. DAAH01-78-B-0448, ISSUED BY THE ARMY MISSILE MATERIEL READINESS COMMAND, REDSTONE ARSENAL, ALABAMA (ARMY) FOR MISSILE CONTAINERS. THE COC DENIAL WAS RENDERED AFTER THE ARMY DETERMINED SEMCO NONRESPONSIBLE. SEMCO CONTENDS THAT THE DENIAL IS UNJUST.

UNDER 15 U.S.C. SEC. 637(B)(7) (1976), AS AMENDED BY PUB. L. 95-89, SEC. 501, 91 STAT. 561, AUGUST 4, 1977, THE SBA HAS THE AUTHORITY TO ISSUE OR DENY A COC. OUR OFFICE WILL NOT REVIEW AN SBA DETERMINATION, REQUIRE ISSUANCE OF A COC, OR REQUIRE REOPENING OF A CASE WHEN A COC HAS BEEN DENIED. CLARKSBURG COATING CORPORATION, B-189418, SEPTEMBER 2, 1977, 77-2 CPD 172.

IN VIEW OF THE ABOVE, WE MUST DECLINE TO RULE ON THE MERITS OF THE PROTEST.