B-155023, DEC. 15, 1964

B-155023: Dec 15, 1964

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INCORPORATED: FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST AWARDS OF CONTRACTS TO ANY FIRM OTHER THAN YOUR CORPORATION UNDER INVITATIONS FOR BIDS NOS. 600- 782-64 AND 600-862-64. UNDER INVITATION FOR BIDS NO. 600-782-64 WAS NOT FAVORABLE AND A SUPPLEMENTAL REPORT IN CONNECTION WITH INVITATION FOR BIDS NO. 600- 862-64 WAS OBTAINED AND AGAIN THE REPORT WAS NEGATIVE. SINCE ELECTRO- NEUTRONICS WAS A SMALL BUSINESS FIRM THE MATTER WAS REFERRED TO THE SMALL BUSINESS ADMINISTRATION. WE CONSISTENTLY HAVE HELD THAT THE QUESTION AS TO THE QUALIFICATIONS OF A PROPOSED CONTRACTOR IS PRIMARILY FOR DETERMINATION BY THE ADMINISTRATIVE OFFICERS CONCERNED. SUCH DETERMINATION WILL NOT BE QUESTIONED BY US IN THE ABSENCE OF A CLEAR SHOWING OF BAD FAITH OR LACK OF A REASONABLE BASIS THEREFOR. 36 COMP.

B-155023, DEC. 15, 1964

TO ELECTRO-NEUTRONICS, INCORPORATED:

FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST AWARDS OF CONTRACTS TO ANY FIRM OTHER THAN YOUR CORPORATION UNDER INVITATIONS FOR BIDS NOS. 600- 782-64 AND 600-862-64, ISSUED BY THE UNITED STATES NAVY PURCHASING OFFICE, WASHINGTON, D.C.

THE RECORD SHOWS THAT A PRE-AWARD SURVEY OF ELECTRO-NEUTRONICS, INCORPORATED, UNDER INVITATION FOR BIDS NO. 600-782-64 WAS NOT FAVORABLE AND A SUPPLEMENTAL REPORT IN CONNECTION WITH INVITATION FOR BIDS NO. 600- 862-64 WAS OBTAINED AND AGAIN THE REPORT WAS NEGATIVE. SINCE ELECTRO- NEUTRONICS WAS A SMALL BUSINESS FIRM THE MATTER WAS REFERRED TO THE SMALL BUSINESS ADMINISTRATION. THE SMALL BUSINESS ADMINISTRATION DECLINED, ON BOTH OCCASIONS, TO ISSUE A CERTIFICATE OF COMPETENCY TO ELECTRO- NEUTRONICS.

WE CONSISTENTLY HAVE HELD THAT THE QUESTION AS TO THE QUALIFICATIONS OF A PROPOSED CONTRACTOR IS PRIMARILY FOR DETERMINATION BY THE ADMINISTRATIVE OFFICERS CONCERNED, AND SUCH DETERMINATION WILL NOT BE QUESTIONED BY US IN THE ABSENCE OF A CLEAR SHOWING OF BAD FAITH OR LACK OF A REASONABLE BASIS THEREFOR. 36 COMP. GEN. 430; 37 ID. 676; ID. 798. THE REFUSAL OF THE SMALL BUSINESS ADMINISTRATION, AN INDEPENDENT AGENCY AND AN AGENCY ESTABLISHED TO ASSIST SMALL BUSINESS FIRMS, TO ISSUE A CERTIFICATE OF COMPETENCY IS PERSUASIVE THAT THE CONTRACTING OFFICER'S DETERMINATION THAT THE BIDDER IS NOT QUALIFIED TO PERFORM THE CONTRACT WAS CORRECT.

IN THE CIRCUMSTANCES THERE IS NO BASIS FOR US TO TAKE ANY ACTION IN THE MATTER.