Protest of Possible Issuance of Certificate of Competency to Low Bidder

B-201832.4: Sep 25, 1981

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A firm protested, on behalf of its subsidiary, the possible issuance by the Small Business Administration (SBA) of a Certificate of Competency (COC) to the low bidder on two solicitations. The protester reported that the procuring agencies found the low bidder nonresponsible and referred the matter to SBA. The protester contended that the agency was correct in determining the low bidder to be nonresponsible. SBA has exclusive authority to make final and dispositive determinations as to all elements of a small business' responsibility, and an SBA determination on a COC generally is not reviewable by GAO in the absence of a showing of fraud or bad faith. Therefore, the protest was dismissed.