B-171852, MAY 7, 1971

B-171852, MAY 7, 1971

BID PROTEST - BIDDER RESPONSIBILITY DECISION DENYING PROTEST BY KINETIC SYSTEMS, INC., AGAINST AWARD OF A CONTRACT TO ANY OTHER BIDDER. WHERE THE CONTRACTING OFFICER DETERMINED PROTESTANT TO BE NONRESPONSIBLE AND THE SBA DECLINED TO ISSUE A CERTIFICATE OF COMPETENCY, WHICH IS PERSUASIVE ON THE QUESTION OF PROTESTANT'S CAPACITY AND CREDIT, THE COMP. GEN. CANNOT CONCLUDE THAT PROTESTANT WAS A RESPONSIBLE BIDDER. THEREFORE, THE PROTEST IS DENIED.

TO KINETIC SYSTEMS, INC.

REFERENCE IS MADE TO YOUR LETTER OF MARCH 5, 1971, AND PRIOR CORRESPONDENCE, PROTESTING AGAINST THE AWARD OF A CONTRACT TO A BIDDER OTHER THAN YOUR FIRM UNDER INVITATION FOR BIDS (IFB) NO. DACA87-71-B 0020.

THE BASIS FOR THE PROTEST IS THAT AWARD MUST BE MADE TO KINETIC SYSTEMS, INC. (KSI) AS THE LOW RESPONSIVE, RESPONSIBLE BIDDER. THE CONTRACTING OFFICER, ON THE BASIS OF A NEGATIVE PREAWARD SURVEY, DETERMINED KSI TO BE NONRESPONSIBLE AND THE SMALL BUSINESS ADMINISTRATION (SBA) THEREAFTER DECLINED TO ISSUE A CERTIFICATE OF COMPETENCY (COC) TO KSI. SINCE IT DOES NOT APPEAR THAT THE CONTRACTING OFFICER ACTED IN A MANNER WHICH WAS ARBITRARY, CAPRICIOUS, OR IN BAD FAITH, AND SINCE THE REFUSAL OF SBA TO ISSUE A COC IS PERSUASIVE ON THE QUESTION OF A FIRM'S CAPACITY AND CREDIT, WE CANNOT CONCLUDE THAT KSI WAS A RESPONSIBLE BIDDER FOR PURPOSES OF THIS PROCUREMENT. SEE B 167563, B-167652, OCTOBER 13, 1969.

ACCORDINGLY, YOUR PROTEST IS DENIED.