[Protest of Army Failure to Refer Nonresponsibility Determination to SBA for Second COC Review]
Highlights
A firm protested an Army solicitation for food services, contending that the Army: (1) should have limited a responsibility review to its financial resources because the Small Business Administration (SBA) overruled the Army's other contentions regarding its responsibility; and (2) failed to refer the nonresponsibility determination to SBA for a second certificate-of-competency (COC) review. GAO held that the Army was not required to refer the matter to SBA, since it reasonably assessed the protester's new financial information and determined that the protester lacked the financial capacity and understanding of the contract requirements to either perform the contract or warrant reversal of the nonresponsibility determination. Accordingly, the protest was denied.