[Protest of Nonresponsibility Determination and SBA Refusal To Issue COC Under DLA Solicitation]

B-214036.2: May 22, 1984

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A firm protested a contracting officer's nonresponsibility determination and the Small Business Administration's (SBA) refusal to issue a Certificate of Competency (COC) in connection with a solicitation issued by the Defense Logistics Agency for surgical scissors. Based on a preaward survey, the contracting officer concluded that the protester would not be able to meet the required delivery schedule. Absent a showing of fraud or bad faith, GAO will not review a contracting officer's nonresponsibility determination where the SBA affirms the determination by refusing to issue a COC. GAO found that the protester's further allegations regarding the SBA decision were not supported by the written record. Finally, GAO stated that, since the protester's allegations involved matters which it does not consider, holding a conference as the protester requested would serve no useful purpose. Accordingly, the protest was dismissed.