B-218502.2, MAY 17, 1985, 85-1 CPD 570
Highlights
CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - RESPONSIBILITY DETERMINATION - NONRESPONSIBILITY FINDING - REVIEW BY GAO DIGEST: GAO GENERALLY WILL NOT REVIEW A CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY WITH RESPECT TO A SMALL BUSINESS BIDDER SINCE BY LAW THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO DETERMINE CONCLUSIVELY THAT A SMALL BUSINESS FIRM IS RESPONSIBLE. WE HAVE BEEN ADVISED THAT THIS MATTER HAS BEEN REFERRED TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR THE POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY (COC). THE SBA HAS STATUTORY AUTHORITY TO REVIEW A CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY AND TO DETERMINE THAT A SMALL BUSINESS IS RESPONSIBLE BY ISSUING A COC. 15 U.S.C.
B-218502.2, MAY 17, 1985, 85-1 CPD 570
CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - RESPONSIBILITY DETERMINATION - NONRESPONSIBILITY FINDING - REVIEW BY GAO DIGEST: GAO GENERALLY WILL NOT REVIEW A CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY WITH RESPECT TO A SMALL BUSINESS BIDDER SINCE BY LAW THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO DETERMINE CONCLUSIVELY THAT A SMALL BUSINESS FIRM IS RESPONSIBLE.
APOLLO BEDDING, INC.:
APOLLO BEDDING, INC., A SMALL BUSINESS, PROTESTS THE NEGATIVE PREAWARD SURVEY AND THE NONRESPONSIBILITY DETERMINATION BY THE CONTRACTING OFFICER MADE WITH RESPECT TO SOLICITATION NO. DLA100-85-B-0193 ISSUED BY THE DEFENSE LOGISTICS AGENCY. WE HAVE BEEN ADVISED THAT THIS MATTER HAS BEEN REFERRED TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR THE POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY (COC).
WE DISMISS THE PROTEST PURSUANT TO OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.3(F)(3) (1985).
THE SBA HAS STATUTORY AUTHORITY TO REVIEW A CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY AND TO DETERMINE THAT A SMALL BUSINESS IS RESPONSIBLE BY ISSUING A COC. 15 U.S.C. SEC. 637(B)(7) (1982). CONSEQUENTLY, WE WILL NOT UNDERTAKE AN INDEPENDENT REVIEW OF A CONTRACTING OFFICER'S NONRESPONSIBILITY DETERMINATION RELATING TO A SMALL BUSINESS BIDDER, SINCE SUCH REVIEW WOULD BE TANTAMOUNT TO A SUBSTITUTION OF OUR JUDGMENT FOR THAT OF THE SBA. BELEX ENTERPRISES, INC., B-217102, NOV. 28, 1984, 84-2 CPD PARA. 567.