[Protest of Army Contract Award to the Second Low Bidder]

B-217258: Apr 9, 1985

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A firm protested an Army contract award, alleging that it was improperly denied an extension to file a Certificate of Competency (COC) application with the Small Business Administration (SBA) after it had been determined nonresponsible during a preaward survey. The Army rejected the protester's bid when it failed to file a COC application in a timely fashion and awarded the contract to another bidder. GAO has held that, where a small business does not timely avail itself of the COC procedure, an agency may award a contract to the next low responsible bidder. Although the protester alleged that it was granted an extension to file for the COC, SBA and the Army denied granting the extension and the protester failed to prove otherwise. Furthermore, GAO will not review a refusal to grant a filing extension. Accordingly, the protest was dismissed.

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