B-176804, SEP 6, 1972

B-176804: Sep 6, 1972

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IS A DETERMINATION NOT REVIEWABLE BY GAO. TO BARNETT INSTRUMENT COMPANY: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 15. THE CRUX OF YOUR PROTEST IS THAT THE SMALL BUSINESS ADMINISTRATION (SBA) ERRONEOUSLY REFUSED TO ISSUE A CERTIFICATE OF COMPETENCY (COC) TO YOUR FIRM. PLEASE BE ADVISED THAT OUR OFFICE DOES NOT REVIEW SBA DETERMINATIONS IN SUCH MATTERS OR HAVE THE AUTHORITY TO REQUIRE THE ISSUANCE OF A COC. WE CAN BE OF NO FURTHER ASSISTANCE TO YOU IN THIS MATTER AND YOUR PROTEST IS DENIED.

B-176804, SEP 6, 1972

BID PROTEST - REFUSAL BY SBA TO ISSUE COC DENIAL OF PROTEST BY BARNETT INSTRUMENT COMPANY AGAINST AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER AN IFB ISSUED BY THE U.S. ARMY WEAPONS COMMAND. THE REFUSAL BY THE SMALL BUSINESS ADMINISTRATION TO ISSUE BARNETT A CERTIFICATE OF COMPETENCY, PERSUASIVE WITH RESPECT TO THE BIDDER'S NONRESPONSIBILITY, IS A DETERMINATION NOT REVIEWABLE BY GAO. B 175970, JULY 18, 1972.

TO BARNETT INSTRUMENT COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 15, 1972, WITH ENCLOSURE, PROTESTING AGAINST THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS DAAF03-72-B-1423, ISSUED BY THE U.S. ARMY WEAPONS COMMAND.

THE CRUX OF YOUR PROTEST IS THAT THE SMALL BUSINESS ADMINISTRATION (SBA) ERRONEOUSLY REFUSED TO ISSUE A CERTIFICATE OF COMPETENCY (COC) TO YOUR FIRM. PLEASE BE ADVISED THAT OUR OFFICE DOES NOT REVIEW SBA DETERMINATIONS IN SUCH MATTERS OR HAVE THE AUTHORITY TO REQUIRE THE ISSUANCE OF A COC. B-175970, JULY 18, 1972. IN ADDITION, WE REGARD THE REFUSAL OF SBA TO ISSUE A COC AS PERSUASIVE WITH RESPECT TO THE COMPETENCY OF A BIDDER, AND THE DENIAL THEREOF AS AN AFFIRMATION OF THE CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY. 43 COMP. GEN. 228 (1963).

ACCORDINGLY, WE CAN BE OF NO FURTHER ASSISTANCE TO YOU IN THIS MATTER AND YOUR PROTEST IS DENIED.