Responsibility of Small Business Bidder

B-190450: Oct 28, 1977

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A small-business firm protested a determination of nonresponsibility concerning it by the contracting officer. The matter was referred to the Small Business Administration (SBA) for final disposition. GAO did not review the matter since dispositions of the SBA with regard to matters of responsibility are final.

B-190450, OCTOBER 28, 1977

GAO WILL NOT REVIEW DETERMINATION OF NONRESPONSIBILITY OF SMALL BUSINESS BIDDER WHERE MATTER WAS REFERRED TO SBA, BECAUSE DISPOSITIONS OF SBA WITH REGARD TO MATTERS OF RESPONSIBILITY ARE FINAL.

IKARD MANUFACTURING CO.:

IKARD MANUFACTURING CO. (IKARD), A SMALL BUSINESS CONCERN, PROTESTS A DETERMINATION OF NONRESPONSIBILITY CONCERNING ITS FIRM, UNDER INVITATION FOR BIDS (IFB) NO. DAAH01-77-B-0404 ISSUED BY THE U.S. ARMY MISSILE MATERIAL READINESS COMMAND (ARMY). THE IFB CALLED FOR BIDS TO PROVIDE OPTICAL FILTERS.

WE HAVE BEEN INFORMED BY THE ARMY THAT THE CONTRACTING OFFICER MADE A DETERMINATION OF NEGATIVE RESPONISIBILITY WITH REGARD TO IKARD AND THE MATTER WAS THEN REFERRED TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR FINAL DISPOSITION. UNDER 15 U.S.C. 637(B)(7) (1970) AS AMENDED BY PUB. L. 95-89, SEC. 501, 91 STAT. 561, AUGUST 4, 1977, THE SBA HAS AUTHORITY TO CERTIFY TO GOVERNMENT PROCUREMENT OFFICERS WITH RESPECT TO ALL ELEMENTS OF RESPONSIBILITY, "INCLUDING, BUT NOT LIMITED TO, CAPABILITY, COMPETENCY, CAPACITY, CREDIT, INTEGRITY, PERSEVERANCE, AND TENACITY OF ANY SMALL BUSINESS CONCERN * * * TO RECEIVE AND PERFORM A SPECIFIC GOVERNMENT CONTRACT." THIS OFFICE DOES NOT REVIEW SBA DETERMINATIONS OR REQUIRE THE SBA TO ISSUE CERTIFICATES OF COMPETENCY BECAUSE, BY LAW THE DISPOSITION OF THE SBA ON THE MATTER IS FINAL.

ACCORDINGLY, THIS PROTEST IS DISMISSED.