Protest of Contractor Responsibility Determination

B-206062.2: Apr 26, 1982

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A firm protested an agency determination that it was a nonresponsible bidder and thus ineligible for contract award. The contracting agency referred the matter of the protester's responsibility to the Small Business Administration (SBA) for the possible issuance of a Certificate of Competency (COC). SBA declined to issue the COC. SBA has conclusive authority to determine the responsibility of a small business. Thus, GAO will not question a contracting officer's determination that a firm is not responsible where SBA affirms that determination by refusing to issue a COC. In addition, GAO will not question an SBA refusal to issue a COC in the absence of a showing that the refusal stemmed from fraud or bad faith. There was no evidence of fraud or bad faith in this instance. Accordingly, the protest was dismissed.