B-200129, OCT 8, 1980

B-200129: Oct 8, 1980

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GAO WILL NOT CONSIDER PROTEST SINCE SBA HAS STATUTORY AUTHORITY TO CONCLUSIVELY DETERMINE RESPONSIBILITY OF SMALL BUSINESS BIDDER. PROTESTS THE DETERMINATION OF THE CONTRACTING OFFICER THAT IT IS A NONRESPONSIBLE BIDDER UNDER SOLICITATION DAAH01-80-R-0871. AS THE AUTHORITY TO CONCLUSIVELY DETERMINE WHETHER A SMALL BUSINESS BIDDER IS RESPONSIBLE FOR A PARTICULAR PROCUREMENT IS VESTED BY LAW IN THE SBA. 15 U.S.C. THE PROTEST IS DISMISSED.

B-200129, OCT 8, 1980

DIGEST: WHERE CONTRACTING OFFICER HAS DETERMINED SMALL BUSINESS BIDDER TO BE NONRESPONSIBLE AND HAS REFERRED MATTER TO SMALL BUSINESS ADMINISTRATION (SBA) FOR POSSIBLE ISSUANCE OF CERTIFICATE OF COMPETENCY, GAO WILL NOT CONSIDER PROTEST SINCE SBA HAS STATUTORY AUTHORITY TO CONCLUSIVELY DETERMINE RESPONSIBILITY OF SMALL BUSINESS BIDDER.

WIRCON ELECTRONICS, INC.:

WIRCON ELECTRONICS, INC. (WIRCON), PROTESTS THE DETERMINATION OF THE CONTRACTING OFFICER THAT IT IS A NONRESPONSIBLE BIDDER UNDER SOLICITATION DAAH01-80-R-0871. WIRCON, A SMALL BUSINESS, STATES THAT THE CONTRACTING OFFICER HAS FORWARDED HIS DETERMINATION TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR ITS REVIEW AND FOR THE POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY (COC).

THIS OFFICE DOES NOT GENERALLY CONSIDER NONRESPONSIBILITY DETERMINATIONS CONCERNING SMALL BUSINESSES, AS THE AUTHORITY TO CONCLUSIVELY DETERMINE WHETHER A SMALL BUSINESS BIDDER IS RESPONSIBLE FOR A PARTICULAR PROCUREMENT IS VESTED BY LAW IN THE SBA. 15 U.S.C. SEC. 637(B)(7) (SUPP. I 1977). SINCE THE MATTER HAS BEEN REFERRED TO THE SBA IN ACCORDANCE WITH APPLICABLE LAW, AND SINCE WE NEITHER REVIEW THE SBA'S DETERMINATION NOR REQUIRE EITHER THE ISSUANCE OF A COC OR REOPENING OF A CASE BY SBA WHEN A COC HAS BEEN DENIED, SEE FIL-COIL COMPANY, INC., APRIL 29, 1980, 80-1 CPD 307, THE PROTEST IS DISMISSED.