B-154854, OCT. 9, 1964

B-154854: Oct 9, 1964

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INC.: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF JULY 30. AMC (E) 36-039-64-913-4 WAS ISSUED BY THE UNITED STATES ARMY ELECTRONICS COMMAND. AMC (E) 36-039-64 516-G WAS ISSUED BY THE SAME ACTIVITY ON MAY 2. THE QUESTION OF FINANCIAL RESPONSIBILITY WAS DETERMINED BY USING YOUR LATEST FINANCIAL STATEMENT SUBMITTED TO THE AGENCY. THE MATTER WAS THEN REFERRED TO THE COGNIZANT REGIONAL OFFICE OF THE SMALL BUSINESS ADMINISTRATION. ALTHOUGH REFUSAL ON THE PART OF THE SMALL BUSINESS ADMINISTRATION TO ISSUE A CERTIFICATE OF COMPETENCY IS NOT COMPLETELY DISPOSITIVE OF THE ISSUE OF RESPONSIBILITY WE HAVE HELD THAT IT IS PERSUASIVE WITH RESPECT TO THE COMPETENCY OR CREDIT OF A BIDDER. 39 COMP. WE HAVE NO AUTHORITY TO REQUIRE THE SMALL BUSINESS ADMINISTRATION TO ISSUE A CERTIFICATE OF COMPETENCY.

B-154854, OCT. 9, 1964

TO UNITED MICROWAVE CO., INC.:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF JULY 30, 1964, AS WELL AS TO SUBSEQUENT CORRESPONDENCE PROTESTING AWARD TO ANY BIDDER OTHER THAN UNITED MICROWAVE UNDER INVITATION FOR BIDS AMC (E) 36-039 64-913-4 AND AMC (E) 36-039-64-516-G.

INVITATION FOR BIDS NO. AMC (E) 36-039-64-913-4 WAS ISSUED BY THE UNITED STATES ARMY ELECTRONICS COMMAND, PHILADELPHIA, PENNSYLVANIA, ON APRIL 4, 1964, INVITING BIDS ON 185 RADIO FREQUENCY AMPLIFIERS IN ACCORDANCE WITH ATTACHED SPECIFICATIONS. IFB NO. AMC (E) 36-039-64 516-G WAS ISSUED BY THE SAME ACTIVITY ON MAY 2, 1964, REQUESTING BIDS FOR FIVE ELECTRONIC MODIFICATION KITS (MK-583 ( ( (GSS-1). ALTHOUGH UNITED MICROWAVE SUBMITTED THE LOWEST BID ON EACH PROCUREMENT, THE CONTRACTING OFFICER DETERMINED THAT UNITED MICROWAVE COULD NOT BE CONSIDERED FOR AWARD ON THE BASIS OF INSUFFICIENT FINANCIAL RESOURCES AND UNSATISFACTORY PERFORMANCE UNDER PRIOR GOVERNMENT CONTRACTS. THE QUESTION OF FINANCIAL RESPONSIBILITY WAS DETERMINED BY USING YOUR LATEST FINANCIAL STATEMENT SUBMITTED TO THE AGENCY, WHICH REFLECTED A DEFICIT IN WORKING CAPITAL, AS WELL AS INFORMATION CONTAINED IN A DUNN AND BRADSTREET REPORT. ACCORDANCE WITH SECTION 1-705.4 (B) OF THE ARMED SERVICES PROCUREMENT REGULATION, THE MATTER WAS THEN REFERRED TO THE COGNIZANT REGIONAL OFFICE OF THE SMALL BUSINESS ADMINISTRATION. AFTER A COMPREHENSIVE ANALYSIS OF ALL AVAILABLE INFORMATION THE NEW YORK REGIONAL OFFICE DECLINED TO RECOMMEND ISSUANCE OF A CERTIFICATE OF COMPETENCY.

ALTHOUGH REFUSAL ON THE PART OF THE SMALL BUSINESS ADMINISTRATION TO ISSUE A CERTIFICATE OF COMPETENCY IS NOT COMPLETELY DISPOSITIVE OF THE ISSUE OF RESPONSIBILITY WE HAVE HELD THAT IT IS PERSUASIVE WITH RESPECT TO THE COMPETENCY OR CREDIT OF A BIDDER. 39 COMP. GEN. 705. WE HAVE NO AUTHORITY TO REQUIRE THE SMALL BUSINESS ADMINISTRATION TO ISSUE A CERTIFICATE OF COMPETENCY. SEE OUR DECISION B-153446 DATED MAY 8, 1964.

OUR OFFICE HAS CONSISTENTLY HELD THAT THE RESPONSIBILITY OF A BIDDER IS PRIMARILY A MATTER FOR DETERMINATION BY THE CONTRACTING AGENCY, AND SUCH DETERMINATIONS ARE GENERALLY NOT REVIEWABLE BY OUR OFFICE ABSENT EVIDENCE OF FRAUD, COLLUSION, BAD FAITH, OR LACK OF A PROPER FACTUAL BASIS. COMP. GEN. 703. UNDER THE CIRCUMSTANCES HERE PRESENT WE FIND NO BASIS TO QUESTION THE DETERMINATION THAT YOU WERE NOT A RESPONSIBLE BIDDER. ACCORDINGLY, YOUR PROTEST IS DENIED.