[Protest of GSA Nonresponsibility Determination and SBA Refusal To Issue COC]

B-213584: Mar 13, 1984

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A firm protested the rejection of its bid by the General Services Administration (GSA), contending that the GSA negative determination of responsibility with respect to the firm was arbitrary. The protester also protested the failure of the Small Business Administration (SBA) to issue it a Certificate of Competency (COC) and the failure of GSA to refer the matter of the awardee's responsibility to SBA for processing under the COC procedure. GAO held that, absent circumstances not relevant to this case, it will not review an SBA refusal to issue a COC and that it will not review an affirmative determination of responsibility absent indications of fraud or failure to properly apply definitive responsibility criteria. GAO also held that agencies are only required to refer negative determinations of responsibility to SBA; in this case, the contracting officer found the awardee to be responsible. Accordingly, the protest was denied in part and dismissed in part.