B-190640, DEC 14, 1977
Highlights
QUESTION OF SMALL BUSINESS CONCERN'S RESPONSIBILITY IS NOT FOR CONSIDERATION BY GAO BECAUSE CONCLUSIVE AUTHORITY OVER QUESTION IS VESTED BY STATUTE IN SBA. THE MATTER WAS REFERRED TO THE SBA FOR THE POSSIBLE ISSUANCE OF A COC. ISSUANCE OF A COC BY SBA IS CONCLUSIVE ON PROCURING OFFICERS. ALTHOUGH IN APPROPRIATE CASES WE HAVE TAKEN THE INITIATIVE TO INSURE THAT INFORMATION VITAL TO A RESPONSIBILITY DETERMINATION IS EVALUATED. SUCH ACTION IS NOT REQUIRED HERE BECAUSE THE PROTESTER'S DISAGREEMENT LIES WITH THE JUDGMENT REACHED BY SBA AFTER EVALUATING THE CAPABILITIES ASSERTED BY THE PROTESTER. THE PROTEST IS DISMISSED. A PROTEST BASED UPON AN ALLEGED IMPROPRIETY IN A SOLICITATION WHICH IS APPARENT PRIOR TO BID OPENING MUST BE FILED PRIOR TO BID OPENING IN ORDER TO BE CONSIDERED BY OUR OFFICE.
B-190640, DEC 14, 1977
QUESTION OF SMALL BUSINESS CONCERN'S RESPONSIBILITY IS NOT FOR CONSIDERATION BY GAO BECAUSE CONCLUSIVE AUTHORITY OVER QUESTION IS VESTED BY STATUTE IN SBA.
TELECTRO SYSTEMS CORP.:
TELECTRO SYSTEMS CORP. (TELECTRO) PROTESTS THE NAVY'S REJECTION OF ITS FIRM AS NONRESPONSIBLE UNDER SOLICITATION NO. N00024-77-B-4307 AND THE DENIAL BY THE SMALL BUSINESS ADMINISTRATION (SBA) OF A CERTIFICATE OF COMPETENCY (COC).
THE NAVY FOUND TELECTRO NONRESPONSIBLE BASED ON A NEGATIVE PRE-AWARD SURVEY. TELECTRO STATES THAT THE NAVY DID NOT CONSIDER THE FIRM'S REPRESENTATIONS THAT PRODUCTION AND DELIVERY REQUIREMENTS COULD BE MET. THE MATTER WAS REFERRED TO THE SBA FOR THE POSSIBLE ISSUANCE OF A COC. NOVEMBER 1, 1977, THE SBA DECLINED TO ISSUE A COC. TELECTRO QUESTIONS SBA'S JUDGMENT IN DETERMINING THE FIRM'S ABILITY TO MEET THE PRODUCTION SCHEDULE AND FINANCIAL POSITION.
UNDER 15 U.S.C. SEC. 637(B)(7) (1970), AS AMENDED BY PUB. L. NO. 95 89, SEC. 501, 91 STAT. 553, THE SBA HAS AUTHORITY TO CONCLUSIVELY DETERMINE ALL ELEMENTS OF RESPONSIBILITY. OUR OFFICE DOES NOT REVIEW SBA DETERMINATIONS OR REQUIRE THE SBA TO ISSUE A COC EVEN IF WE DISAGREE WITH THE SBA'S JUDGEMENT BECAUSE, BY LAW, ISSUANCE OF A COC BY SBA IS CONCLUSIVE ON PROCURING OFFICERS. IKARD MANUFACTURING CO., B-190053, NOVEMBER 1, 1977, 77-2 CPD . ALTHOUGH IN APPROPRIATE CASES WE HAVE TAKEN THE INITIATIVE TO INSURE THAT INFORMATION VITAL TO A RESPONSIBILITY DETERMINATION IS EVALUATED, SUCH ACTION IS NOT REQUIRED HERE BECAUSE THE PROTESTER'S DISAGREEMENT LIES WITH THE JUDGMENT REACHED BY SBA AFTER EVALUATING THE CAPABILITIES ASSERTED BY THE PROTESTER. SEE GALLERY INDUSTRIES, INC. - REQUEST FOR RECONSIDERATION, B-185963, JUNE 16, 1976, 76-1 CPD 383.
ACCORDINGLY, THE PROTEST IS DISMISSED. PRIOR TO BID OPENING. UNDER OUR BID PROTEST PROCEDURES, C.F.R. SEC. 20.2(B)(1) (1977), A PROTEST BASED UPON AN ALLEGED IMPROPRIETY IN A SOLICITATION WHICH IS APPARENT PRIOR TO BID OPENING MUST BE FILED PRIOR TO BID OPENING IN ORDER TO BE CONSIDERED BY OUR OFFICE. SINCE, IN THIS CASE, THE ISSUE OF THE ALLEGEDLY RESTRICTIVE SPECIFICATION WAS NOT RAISED PRIOR TO OCTOBER 18, 1977, THE DATE OF BID OPENING, IT IS UNTIMELY AND WILL NOT BE CONSIDERED ON ITS MERIT.