Rejection of Low Small Business Bidder as Nonresponsible

A small business firm protested its rejection as nonresponsible by the Department of the Army. The Army conceded that the contracting officer improperly failed to refer the nonresponsibility determination to the Small Business Administration (SBA) for consideration under its certificate of competency program. However, the Army advised that in response to the protest the required referral was made. Since the services under the solicitation were essential, the awardee continued contract performance until SBA took action. Inasmuch as the referral to SBA mooted the protest, it was dismissed.