Request for Reconsideration of Nonresponsibility Determination

A firm requested reconsideration of a prior decision in which GAO declined to consider a protest of an Air Force determination that the firm was not a responsible bidder after the Small Business Administration (SBA) refused to issue a Certificate of Competency (COC). The protester's request for reconsideration was based on its belief that there was evidence of bad faith on the part of the contracting agency. The record indicated that SBA did not issue the COC because the protester had submitted outdated financial information for the SBA consideration. Updated information was not considered because the Air Force had advised SBA that it could not wait beyond the minimum 15 days it was required to wait before award could be made. GAO will not review the SBA refusal to issue a COC absent a showing of fraud or bad faith. The protester asserted that the Air Force acted in bad faith by asking it to extend its bid acceptance period at the same time that the agency was denying SBA additional time to consider the updated financial material. To support a finding of bad faith, the record must contain irrefutable proof that the agency had a malicious and specific intent to injure the party alleging bad faith. GAO did not see how bad faith was suggested by the facts asserted by the protester. Accordingly, the earlier decision was affirmed.