B-216993.2, JAN 14, 1985, 85-1 CPD 38

B-216993.2: Jan 14, 1985

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CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - RESPONSIBILITY DETERMINATION - NONRESPONSIBILITY FINDING - REVIEW BY GAO DIGEST: GAO WILL NOT CONSIDER A CHALLENGE TO A CONTRACTING OFFICER'S DETERMINATION THAT A SMALL BUSINESS IS NONRESPONSIBLE SINCE BY STATUTE THE SMALL BUSINESS ADMINISTRATION IS TO REVIEW SUCH DETERMINATIONS. WE DISMISSED GRANTEX'S PROTEST THAT IT WAS NOT ALLOWED SUFFICIENT TIME TO PROVIDE THE INFORMATION REQUIRED FOR THE SMALL BUSINESS ADMINISTRATION (SBA) TO MAKE A CERTIFICATE OF COMPETENCY (COC) DETERMINATION. WE WILL NOT THE DLA'S ASSESSMENT OF GRANTEX'S DELINQUENCY RATIO. THE SBA HAS CONCLUSIVE AUTHORITY TO DETERMINE WHETHER A SMALL BUSINESS IS RESPONSIBLE BY ISSUING OR REFUSING TO ISSUE A COC.

B-216993.2, JAN 14, 1985, 85-1 CPD 38

CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - RESPONSIBILITY DETERMINATION - NONRESPONSIBILITY FINDING - REVIEW BY GAO DIGEST: GAO WILL NOT CONSIDER A CHALLENGE TO A CONTRACTING OFFICER'S DETERMINATION THAT A SMALL BUSINESS IS NONRESPONSIBLE SINCE BY STATUTE THE SMALL BUSINESS ADMINISTRATION IS TO REVIEW SUCH DETERMINATIONS.

GRANTEX INDUSTRIES, INC.-- RECONSIDERATION:

GRANTEX INDUSTRIES, INC. REQUESTS RECONSIDERATION OF OUR DECISION B-216933, NOV. 26, 1984, 84-2 CPD PARA. 561. IN THAT DECISION, WE DISMISSED GRANTEX'S PROTEST THAT IT WAS NOT ALLOWED SUFFICIENT TIME TO PROVIDE THE INFORMATION REQUIRED FOR THE SMALL BUSINESS ADMINISTRATION (SBA) TO MAKE A CERTIFICATE OF COMPETENCY (COC) DETERMINATION, AFTER THE DEFENSE LOGISTICS AGENCY (DLA) FOUND GRANTEX NONRESPONSIBLE UNDER REQUEST FOR QUOTATIONS NO. DLA400-84-R-7251-0001. GRANTEX ASKS US TO RECONSIDER OUR DECISION BECAUSE WE DID NOT ADDRESS ITS ALLEGATION THAT DLA IMPROPERLY ASSESSED GRANTEX'S DELINQUENCY RATIO ON EXISTING CONTRACTS WHEN MAKING THE RESPONSIBILITY DETERMINATION.

WE WILL NOT THE DLA'S ASSESSMENT OF GRANTEX'S DELINQUENCY RATIO. UNDER 15 U.S.C. SECS. 637(B)(7) (1982), THE SBA HAS CONCLUSIVE AUTHORITY TO DETERMINE WHETHER A SMALL BUSINESS IS RESPONSIBLE BY ISSUING OR REFUSING TO ISSUE A COC. SKYSPARES PARTS, INC., 63 COMP.GEN. 207 (1984), 84-1 CPD PARA. 170. THUS, THE PROPRIETY OF DLA'S ACTION WAS SUBJECT TO REVIEW BY THE SBA. HOWEVER, THE SBA DECLINED TO ISSUE A COC HERE BECAUSE GRANTEX FAILED TO SUBMIT ON TIME CERTAIN INFORMATION REQUESTED BY THE SBA DURING THE COC CONSIDERATION. AS OUR INITIAL DECISION IN THIS CASE EMPHASIZED, TIME IS OF THE ESSENCE IN COC PROCEEDINGS, AND A SMALL BUSINESS WHICH FAILS TO COMPLETE ITS COC APPLICATION ON TIME FORFEITS THE ABILITY TO AVAIL ITSELF OF THE PROTECTION PROVIDED BY STATUTE AND REGULATION AGAINST THE POSSIBILITY OF AN UNREASONABLE RESPONSIBILITY DETERMINATION BY A CONTRACTING OFFICER. HAZEL AND MABEL'S MAID AND CLEANING SERVICE, B-207520, JULY 1, 1982, 82-2 CPD PARA. 6. THEREFORE, WE WILL NOT QUESTION A CONTRACTING OFFICER'S NEGATIVE RESPONSIBILITY DETERMINATION WHERE, AS HERE, THE PROTESTER FAILS TO FILE A TIMELY COC APPLICATION WITH THE SBA. AMERICAN KAL ENTERPRISES, INC., B-211938, JAN. 11, 1984, 84-1 CPD PARA. 66.

THE PRIOR DECISION IS AFFIRMED.