B-188792, JULY 14, 1977
Highlights
REQUEST FOR RECONSIDERATION OF DECISION DECLINING TO CONSIDER PROTEST OF NONRESPONSIBILITY DETERMINATION IS DENIED WHERE IT IS NOT SHOWN THAT PRIOR DECISION WAS FACTUALLY OR LEGALLY ERRONEOUS. IN WHICH WE DECLINED TO CONSIDER MAINLINE'S PROTEST OF THE GENERAL SERVICES ADMINISTRATION'S DETERMINATION THAT MAINLINE WAS NOT A RESPONSIBLE BIDDER. OUR DECISION WAS BASED ON THE REFUSAL OF THE SMALL BUSINESS ADMINISTRATION (SBA) TO ISSUE A CERTIFICATE OF COMPETENCY (COC) TO MAINLINE FOR THE PROCUREMENT IN QUESTION. IT IS THE POLICY OF THIS OFFICE NOT TO REVIEW A CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY OF A SMALL BUSINESS CONCERN WHERE THAT DETERMINATION HAS BEEN AFFIRMED BY THE SBA'S DENIAL OF A COC.
B-188792, JULY 14, 1977
REQUEST FOR RECONSIDERATION OF DECISION DECLINING TO CONSIDER PROTEST OF NONRESPONSIBILITY DETERMINATION IS DENIED WHERE IT IS NOT SHOWN THAT PRIOR DECISION WAS FACTUALLY OR LEGALLY ERRONEOUS.
MAINLINE CARPET SPECIALISTS, INC.-- RECONSIDERATION:
MAINLINE CARPET SPECIALISTS, INC. (MAINLINE) HAS REQUESTED RECONSIDERATION OF DECISION B-188792, JUNE 8, 1977, 77-1 CPD . . . , IN WHICH WE DECLINED TO CONSIDER MAINLINE'S PROTEST OF THE GENERAL SERVICES ADMINISTRATION'S DETERMINATION THAT MAINLINE WAS NOT A RESPONSIBLE BIDDER. OUR DECISION WAS BASED ON THE REFUSAL OF THE SMALL BUSINESS ADMINISTRATION (SBA) TO ISSUE A CERTIFICATE OF COMPETENCY (COC) TO MAINLINE FOR THE PROCUREMENT IN QUESTION.
IT IS THE POLICY OF THIS OFFICE NOT TO REVIEW A CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY OF A SMALL BUSINESS CONCERN WHERE THAT DETERMINATION HAS BEEN AFFIRMED BY THE SBA'S DENIAL OF A COC. ONLY WHERE THERE IS A PRIMA FACIE SHOWING OF FRAUD OR WHERE THE RECORD DISCLOSES THAT VITAL INFORMATION HAS NOT BEEN CONSIDERED WILL WE REVIEW THE MATTER OR TAKE OTHER APPROPRIATE ACTION. JBS CONSTRUCTION CO., B-187574, JANUARY 31, 1977, 77-1 CPD 79.
IN ITS REQUEST FOR RECONSIDERATION, MAINLINE REITERATES ITS PREVIOUS CONTENTION THAT A GOVERNMENT QUALITY ASSURANCE INSPECTOR DID NOT INSPECT ITS SUBCONTRACTOR'S FACILITIES, AND FURTHER ASSERTS THAT THE SBA DENIED A COC WITHOUT MAKING A TECHNICAL OR FINANCIAL EVALUATION OF THE FIRM. ARE ADVISED BY SBA, HOWEVER, THAT IT DENIED THE COC BECAUSE MAINLINE'S APPLICATION WAS SUBMITTED IN THE NAME OF A JOINT VENTURE WHILE THE BID WAS SUBMITTED ONLY IN THE NAME OF MAINLINE.
OUR BID PROTEST PROCEDURES STATE THAT A " * * * REQUEST FOR RECONSIDERATION SHALL CONTAIN A DETAILED STATEMENT OF THE FACTUAL AND LEGAL GROUNDS UPON WHICH REVERSAL OR MODIFICATION IS DEEMED WARRANTED, SPECIFYING ANY ERRORS OF LAW MADE OR INFORMATION NOT PREVIOUSLY CONSIDERED." 4 C.F.R. 20.9(A) (1977). MAINLINE HAS PRESENTED NO NEW INFORMATION OR LEGAL ARGUMENTS WHICH WOULD WARRANT RECONSIDERATION OF OUR PRIOR DECISION. P. J. GEAR & SON, INC., B-187970, MARCH 25, 1977, 77-1 CPD 213. CONSEQUENTLY, WE MUST DECLINE TO RECONSIDER THIS MATTER.