B-193063, NOVEMBER 13, 1978

B-193063, NOVEMBER 13, 1978

DIGEST: SBA REFUSAL TO GRANT PROTESTER LOAN OR ISSUE CERTIFICATE OF COMPETENCY ARE NOT MATTERS REVIEWABLE BY GAO UNDER BID PROTEST FUNCTION.

CELTECH:

THE PROTESTER, CELTECH, ALLEGEDLY A WHOLLY OWNED AND OPERATED MINORITY FIRM CERTIFIED BY THE SMALL BUSINESS ADMINISTRATION (SBA) 8(A) PROGRAM, CHALLENGES CERTAIN ACTIONS BY THE SBA WHICH HAVE ALLEGEDLY RESULTED IN THE LOSS OF A CONTRACT OPPORTUNITY UNDER BID NO. GSW-3FWR P2-80005. SBA DENIED BOTH CELTECH'S REQUEST FOR A LOAN NEEDED TO INCREASE WORKING CAPITAL AND INVENTORY AND A CERTIFICATE OF COMPETENCY (COC) NEEDED TO QUALIFY FOR A CONTRACT WITH THE GENERAL SERVICES ADMINISTRATION (GSA) WON BY COMPETITIVE BID.

SBA'S REFUSAL TO GRANT CELTECH A LOAN DOES NOT INVOLVE A PROCUREMENT BY OR FOR A FEDERAL AGENCY AND, THEREFORE IS NOT FOR CONSIDERATION UNDER OUR BID PROTEST PROCEDURES (4 C.F.R.PART 20 (1978). SEE DONOVAN CONSTRUCTION COMPANY, B-191721, MAY 12, 1978, 78-1 CPD 371. SBA'S DENIAL OF A COC TO CELTECH IS ALSO NOT A MATTER SUBJECT TO REVIEW BY THIS OFFICE. UNDER 15 U.S.C. SEC. 637(B)(7) (1976), AS AMENDED BY PUB. L. 95-89, 501, 91 STAT. 561, AUGUST 4, 1977, THE SBA HAS THE AUTHORITY TO ISSUE OR DENY A COC. OUR OFFICE WILL NOT REVIEW AN SBA DETERMINATION, REQUIRE ISSUANCE OF A COC, OR REQUIRE REOPENING OF A CASE WHEN A COC HAS BEEN DENIED. SEMCO, INC., B-192623, AUGUST 28, 1978, 78-2 CPD 147.

IN VIEW OF THE ABOVE, WE MUST DECLINE TO RULE ON THE MERITS OF THE PROTEST. ACCORDINGLY, THE PROTEST IS DISMISSED.