B-175887, AUG 4, 1972

B-175887: Aug 4, 1972

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A FIRM IS NOT ELIGIBLE FOR AWARD UNLESS THE CONTRACTING OFFICER MAKES AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY. SUCH A DETERMINATION IS GENERALLY CONCLUSIVE IN THE ABSENCE OF BAD FAITH OR A LACK OF REASONABLE BASIS FOR THAT CONCLUSION. 37 COMP. THE PROTEST IS DENIED. INCORPORATED: FURTHER REFERENCE IS MADE TO YOUR TELEFAX DATED MAY 5. YOUR FIRM WAS THE APPARENT LOW BIDDER. SINCE YOU ARE A SMALL BUSINESS. THE RECOMMENDATION OF NO AWARD BASED ON LACK OF CAPACITY AND CREDIT WAS FORWARDED TO THE SMALL BUSINESS ADMINISTRATION FOR CONSIDERATION. A FIRM IS NOT ELIGIBLE FOR AWARD UNLESS THE CONTRACTING OFFICER MAKES AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY. HIS DETERMINATION IN SUCH SITUATIONS IS GENERALLY CONCLUSIVE IN THE ABSENCE OF BAD FAITH OR A LACK OF REASONABLE BASIS FOR HIS CONCLUSION. 37 COMP.

B-175887, AUG 4, 1972

BID PROTEST - NONRESPONSIBLE BIDDER - DETERMINATION DENIAL OF PROTEST BY JACY MANUFACTURING COMPANY AGAINST AWARD OF A CONTRACT TO ANY OTHER FIRM UNDER AN IFB ISSUED BY THE DEFENSE GENERAL SUPPLY CENTER, RICHMOND, VA. ABSENT A CERTIFICATE OF COMPETENCY IN THE CASE OF A SMALL BUSINESS, A FIRM IS NOT ELIGIBLE FOR AWARD UNLESS THE CONTRACTING OFFICER MAKES AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY. IN THIS CASE, THE CONTRACTING OFFICER FOUND PROTESTANT NONRESPONSIBLE. SUCH A DETERMINATION IS GENERALLY CONCLUSIVE IN THE ABSENCE OF BAD FAITH OR A LACK OF REASONABLE BASIS FOR THAT CONCLUSION. 37 COMP. GEN. 430 (1957). ACCORDINGLY, THE PROTEST IS DENIED.

TO JACY MANUFACTURING COMPANY, INCORPORATED:

FURTHER REFERENCE IS MADE TO YOUR TELEFAX DATED MAY 5, 1972, AND LETTER DATED MAY 15, 1972, PROTESTING AGAINST AWARD OF A CONTRACT TO ANY OTHER FIRM UNDER INVITATION FOR BIDS DSA400-72-B-6533, ISSUED BY THE DEFENSE GENERAL SUPPLY CENTER, RICHMOND, VIRGINIA.

YOUR FIRM WAS THE APPARENT LOW BIDDER. HOWEVER, A BIDDER MUST BE FOUND RESPONSIBLE TO BE ELIGIBLE FOR AWARD OF A CONTRACT. A PARTIAL PRE-AWARD SURVEY ON YOUR FIRM FOLLOWED BY A FULL PRE-AWARD SURVEY RESULTED IN A RECOMMENDATION OF NO AWARD FOR LACK OF CAPACITY AND CREDIT. SINCE YOU ARE A SMALL BUSINESS, THE RECOMMENDATION OF NO AWARD BASED ON LACK OF CAPACITY AND CREDIT WAS FORWARDED TO THE SMALL BUSINESS ADMINISTRATION FOR CONSIDERATION, IN ACCORDANCE WITH ARMED SERVICES PROCUREMENT REGULATION 1- 705.4(C), UNDER THE CERTIFICATE OF COMPETENCY PROCEDURE. BY LETTER DATED JUNE 22, 1972, THE SMALL BUSINESS ADMINISTRATION ADVISED THAT YOU HAD WITHDRAWN YOUR APPLICATION FOR A CERTIFICATE OF COMPETENCY UNDER THE SUBJECT INVITATION FOR BIDS.

ABSENT A CERTIFICATE OF COMPETENCY IN THE CASE OF A SMALL BUSINESS, A FIRM IS NOT ELIGIBLE FOR AWARD UNLESS THE CONTRACTING OFFICER MAKES AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY. IN THIS CASE THE CONTRACTING OFFICER DID NOT FIND YOU RESPONSIBLE. HIS DETERMINATION IN SUCH SITUATIONS IS GENERALLY CONCLUSIVE IN THE ABSENCE OF BAD FAITH OR A LACK OF REASONABLE BASIS FOR HIS CONCLUSION. 37 COMP. GEN. 430 (1957). SINCE THERE IS NOTHING TO INDICATE THAT THE DETERMINATION IN THIS CASE SHOULD NOT BE REGARDED AS CONCLUSIVE UNDER THE CITED RULE, YOUR PROTEST MUST BE DENIED.