B-181055, JUN 19, 1974

B-181055: Jun 19, 1974

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WHEN SMALL BUSINESS CONCERN BIDDER IS DENIED CERTIFICATE OF COMPETENCY (COC) BY SBA. PROTEST AGAINST FINDING OF NONRESPONSIBILITY BY CONTRACTING OFFICE IS DENIED. DSA600-74-B-0189 WAS ISSUED BY THE DEFENSE FUEL SUPPLY CENTER (DFSC). THE LOW BIDDER UNDER THE IFB WAS THI SERVICE COMPANY (THI). A PREAWARD SURVEY WAS CONDUCTED ON THI AND RESULTED IN A FINDING OF NONRESPONSIBILITY. THIS DETERMINATION WAS PROTESTED BY THI TO OUR OFFICE ON APRIL 10. OUR OFFICE IS UNABLE TO BE OF ANY ASSISTANCE IN THE MATTER AND THE PROTEST IS DENIED.

B-181055, JUN 19, 1974

WHEN SMALL BUSINESS CONCERN BIDDER IS DENIED CERTIFICATE OF COMPETENCY (COC) BY SBA, PROTEST AGAINST FINDING OF NONRESPONSIBILITY BY CONTRACTING OFFICE IS DENIED, SINCE GAO HAS NO AUTHORITY TO REVIEW COC DETERMINATION OR TO REQUIRE ISSUANCE OF COC.

TO THI SERVICE CO.:

INVITATION FOR BIDS (IFB) NO. DSA600-74-B-0189 WAS ISSUED BY THE DEFENSE FUEL SUPPLY CENTER (DFSC), ALEXANDRIA, VIRGINIA, FOR THE OPERATION, MAINTENANCE AND PROTECTION OF THE GOVERNMENT-OWNED PETROLEUM TERMINAL AT NORWALK, CALIFORNIA.

THE LOW BIDDER UNDER THE IFB WAS THI SERVICE COMPANY (THI). AFTER BID OPENING, A PREAWARD SURVEY WAS CONDUCTED ON THI AND RESULTED IN A FINDING OF NONRESPONSIBILITY. THIS DETERMINATION WAS PROTESTED BY THI TO OUR OFFICE ON APRIL 10, 1974. DSA SUBMITTED THE MATTER OF THE RESPONSIBILITY OF THI, A SMALL BUSINESS, TO THE SMALL BUSINESS ADMINISTRATION (SBA) IN ACCORDANCE WITH SECTION 1-705.4 OF THE ARMED SERVICES PROCUREMENT REGULATION FOR A DETERMINATION AS TO WHETHER A CERTIFICATE OF COMPETENCY (COC) FOR THI SHOULD BE ISSUED. ON MAY 28, 1974, SBA DECLINED TO ISSUE A COC. BY TELEGRAM OF JUNE 16, 1974, THI PROTESTED THE SBA DENIAL.

SBA HAS THE AUTHORITY UNDER 15 U.S.C. 637(B)(7) TO ISSUE OR DENY COC'S AND OUR OFFICE HAS NO AUTHORITY TO REVIEW AN SBA DETERMINATION OR REQUIRE IT TO ISSUE A COC. 53 COMP. GEN. 344 (B-178841, NOVEMBER 15, 1973).

ACCORDINGLY, OUR OFFICE IS UNABLE TO BE OF ANY ASSISTANCE IN THE MATTER AND THE PROTEST IS DENIED.