[Request for Reconsideration of Decision Dismissing Protest of Nonresponsibility Determination]

B-218557.2,B-218558.2,B-218559.2: Jun 5, 1985

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A firm requested reconsideration of the dismissal of its protest against a Defense Logistic Agency (DLA) contracting officer's determination of nonresponsibility and the Small Business Administration's (SBA) subsequent refusal to issue a Certificate of Competency (COC). The protester asserted that the contracting officer was negligent because he provided SBA with inaccurate information resulting in the SBA refusal to issue a COC. GAO found that: (1) DLA had concluded that the protester was a regular dealer and had withdrawn its request for an SBA decision; and (2) SBA did not use DLA-supplied information for its review. GAO held that, since the protester appeared to disagree with the SBA conclusions rather than the facts used to arrive at those conclusions, such disagreement did not show a reasonable possibility of COC denial due to possible fraud or bad faith. Accordingly, the request for reconsideration was denied, and GAO will not consider a request for a conference when the protest is not considered on the merits.