Protest of Bid Referral to SBA for Responsibility Determination

B-195001: Jul 6, 1979

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Under an invitation for bids issued by the U.S. Army Corps of Engineers, a small business firm protested the award of the contract to any other bidder. The firm alleged that the Corps had requested on two occasions that its bid acceptance period should be extended, and that the contract should be awarded to it as the low, responsive, responsible bidder without further delay. The protest was dismissed, however, when the Corps advised GAO that the matter of the protester's responsibility had been referred to the Small Business Administration (SBA) for the possible issuance of a Certificate of Competency (COC). GAO has no authority to review the determination of the SBA to require issuance of a COC or to reopen a case when a COC has been denied.