B-196645, NOV 14, 1979
Highlights
DIGEST: GAO WILL NOT REVIEW SMALL BUSINESS ADMINISTRATION DECISIONS REGARDING RESPONSIBILITY OF BIDDERS UNLESS THERE IS PRIMA FACIE SHOWING OF FRAUD OR FAILURE TO CONSIDER VITAL INFORMATION. WE ARE INFORMALLY ADVISED BY GSA THAT THE SBA HAS FOUND GUPTA CAPABLE OF PERFORMING SEVERAL ITEMS UNDER THE PROTESTED SOLICITATION. OUR OFFICE DOES NOT REVIEW SUCH DETERMINATIONS UNLESS THERE IS A PRIMA FACIE SHOWING OF FRAUD OR FAILURE TO CONSIDER VITAL INFORMATION. THE PROTEST THEREFORE IS DISMISSED.
B-196645, NOV 14, 1979
DIGEST: GAO WILL NOT REVIEW SMALL BUSINESS ADMINISTRATION DECISIONS REGARDING RESPONSIBILITY OF BIDDERS UNLESS THERE IS PRIMA FACIE SHOWING OF FRAUD OR FAILURE TO CONSIDER VITAL INFORMATION. BY LAW, SBA CONCLUSIVELY DETERMINES MATTER BY ISSUING OR REFUSING TO ISSUE CERTIFICATE OF COMPENTENCY.
GUPTA CARPET PROFESSIONALS, INC.:
GUPTA CARPET PROFESSIONALS, INC. (GUPTA), BY LETTER OF OCTOBER 1, 1979, PROTESTS THE DECISION OF THE SMALL BUSINESS ADMINISTRATION (SBA) WITH REGARD TO A CERTIFICATE OF COMPETENCY (COC) SOUGHT IN CONNECTION WITH SOLICITATION NO. GSD-WDPR-90004-A, ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA).
WE ARE INFORMALLY ADVISED BY GSA THAT THE SBA HAS FOUND GUPTA CAPABLE OF PERFORMING SEVERAL ITEMS UNDER THE PROTESTED SOLICITATION; THE AGENCY INTENDS TO AWARD THOSE ITEMS TO THE FIRM. AS FOR SBA'S NEGATIVE DETERMINATIONS AS TO THE REMAINDER OF THE ITEMS, BY LAW, THE SBA CONCLUSIVELY DETERMINES ALL MATTERS RELATING TO THE RESPONSIBILITY OF A SMALL BUSINESS BY EITHER ISSUING OR REFUSING TO ISSUE A COC. OUR OFFICE DOES NOT REVIEW SUCH DETERMINATIONS UNLESS THERE IS A PRIMA FACIE SHOWING OF FRAUD OR FAILURE TO CONSIDER VITAL INFORMATION. SEE GUPTA CARPET PROFESSIONALS, INC., B-196051, OCTOBER 25, 1979, 79-2 CPD , A DECISION ON AN IDENTICAL PROTEST BY GUPTA ON GSA SOLICITATION NO. GSD-3DPR-90003-A.
GUPTA HAS NOT MADE SUCH A SHOWING IN THIS CASE. THE PROTEST THEREFORE IS DISMISSED.