B-214163, FEBRUARY 10, 1984, 63 COMP.GEN. 207
Highlights
CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - RESPONSIBILITY DETERMINATION - NONRESPONSIBILITY FINDING - REVIEW BY GAO GENERAL ACCOUNTING OFFICE WILL NOT REVIEW A CONTRACTING OFFICER'S FINDING THAT A SMALL BUSINESS CONCERN IS NONRESPONSIBLE SINCE THE SMALL BUSINESS ADMINISTRATION HAS CONCLUSIVE AUTHORITY TO DETERMINE THE RESPONSIBILITY OF SMALL BUSINESS CONCERNS UNDER ITS CERTIFICATE OF COMPETENCY PROCEDURES. COMPLAINS THAT THE CONTRACTING OFFICER IMPROPERLY DETERMINED THAT THE FIRM WAS NONRESPONSIBLE. THE AIR FORCE INFORMALLY ADVISES THIS OFFICE THAT THE CONTRACTING OFFICER IS CURRENTLY REFERRING THE MATTER OF SKYSPARES' RESPONSIBILITY TO THE SMALL BUSINESS ADMINISTRATION (SBA). THIS OFFICE WILL NOT CONSIDER THE PROPRIETY OF THE CONTRACTING OFFICER'S NONRESPONSIBILITY DETERMINATION SINCE TO DO SO WOULD BE TANTAMOUNT TO SUBSTITUTING OUR JUDGMENT FOR THAT OF THE AGENCY SPECIFICALLY AUTHORIZED BY LAW TO REVIEW SUCH DETERMINATIONS.
B-214163, FEBRUARY 10, 1984, 63 COMP.GEN. 207
CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - RESPONSIBILITY DETERMINATION - NONRESPONSIBILITY FINDING - REVIEW BY GAO GENERAL ACCOUNTING OFFICE WILL NOT REVIEW A CONTRACTING OFFICER'S FINDING THAT A SMALL BUSINESS CONCERN IS NONRESPONSIBLE SINCE THE SMALL BUSINESS ADMINISTRATION HAS CONCLUSIVE AUTHORITY TO DETERMINE THE RESPONSIBILITY OF SMALL BUSINESS CONCERNS UNDER ITS CERTIFICATE OF COMPETENCY PROCEDURES.
MATTER OF: SKYSPARES PARTS, INC., FEBRUARY 10, 1984:
SKYSPARES PARTS, INC. PROTESTS THE AWARD OF A CONTRACT FOR A CLUTCH ASSEMBLY ACTUATOR TO INCH MACHINE TOOL CO. UNDER INVITATION FOR BIDS NO. F42600-84-B-0020 ISSUED BY THE DEPARTMENT OF THE AIR FORCE. SKYSPARES, A SMALL BUSINESS CONCERN, COMPLAINS THAT THE CONTRACTING OFFICER IMPROPERLY DETERMINED THAT THE FIRM WAS NONRESPONSIBLE.
WE DISMISS THE PROTEST.
THE AIR FORCE INFORMALLY ADVISES THIS OFFICE THAT THE CONTRACTING OFFICER IS CURRENTLY REFERRING THE MATTER OF SKYSPARES' RESPONSIBILITY TO THE SMALL BUSINESS ADMINISTRATION (SBA). UNDER 15 U.S.C. 637(B)(7) (1982), THE SBA HAS CONCLUSIVE AUTHORITY TO DETERMINE THE RESPONSIBILITY OF SMALL BUSINESS CONCERNS BY ISSUING OR REFUSING TO ISSUE A CERTIFICATE OF COMPETENCY. THEREFORE, THIS OFFICE WILL NOT CONSIDER THE PROPRIETY OF THE CONTRACTING OFFICER'S NONRESPONSIBILITY DETERMINATION SINCE TO DO SO WOULD BE TANTAMOUNT TO SUBSTITUTING OUR JUDGMENT FOR THAT OF THE AGENCY SPECIFICALLY AUTHORIZED BY LAW TO REVIEW SUCH DETERMINATIONS. SEE ART'S SUPPLIES & SERVICES, B-210156, JANUARY 6, 1983, 83-1 CPD 14.
THE PROTEST IS DISMISSED.