B-142966, JUN. 7, 1960

B-142966, JUN. 7, 1960

TO THE MANHATTAN LIGHTING EQUIPMENT CO., INC.:

REFERENCE IS MADE TO YOUR LETTERS OF MAY 19, 21 AND 25, 1960, WITH ENCLOSURES, PROTESTING THE ACTION OF THE SMALL BUSINESS ADMINISTRATION IN REFUSING TO ISSUE TO YOUR FIRM A CERTIFICATE OF COMPETENCY.

SINCE UNDER THE APPLICABLE LAW (15 U.S.C. 637 (A) ( THE SMALL BUSINESS ADMINISTRATION HAS CONCLUSIVE AUTHORITY TO CERTIFY AS TO THE CAPACITY AND CREDIT OF A SMALL BUSINESS CONCERN, ITS DETERMINATION TO REFUSE THE ISSUANCE OF A CERTIFICATE OF COMPETENCY IS NOT REVIEWABLE BY THIS OFFICE. THEREFORE, ANY COMPLAINTS YOU MIGHT HAVE IN THAT REGARD SHOULD BE ADDRESSED TO THAT ADMINISTRATION.

WITH RESPECT TO THE ACTION OF THE GENERAL STORES SUPPLY OFFICE, DEPARTMENT OF THE NAVY, IN DENYING YOUR FIRM AN AWARD UNDER THE INVITATION IN QUESTION, OUR RECORDS SHOW THAT ON AT LEAST FIVE OCCASIONS RECENTLY WE HAVE CONSIDERED YOUR PROTESTS AGAINST SIMILAR ACTION TAKEN BY CERTAIN ACTIVITIES OF THE DEPARTMENT OF THE NAVY. SEE B-141428, JANUARY 19, 1960; B-139792, JANUARY 27, 1960; B-141583, MARCH 7, 1960; B-142513, MAY 18, 1960; AND B-142401, MAY 20, 1960. YOU WERE ADVISED IN THESE DECISIONS GENERALLY THAT THE QUESTION OF THE QUALIFICATIONS OF A PROSPECTIVE CONTRACTOR PRIMARILY IS FOR DETERMINATION BY THE ADMINISTRATIVE OFFICERS CONCERNED AND SUCH DETERMINATION WILL NOT BE QUESTIONED BY US IN THE ABSENCE OF A CLEAR SHOWING OF BAD FAITH OR LACK OF A REASONABLE BASIS THEREFOR. WE CONCLUDED THAT ON THE BASIS OF THE INFORMATION FURNISHED BY THE DEPARTMENT IN RESPECT TO YOUR PAST PERFORMANCE OF CONTRACTS WITH THE NAVY THAT THE CONTRACTING OFFICERS' ACTIONS WERE TAKEN IN GOOD FAITH, AND YOUR PROTESTS WERE NOT SUSTAINED. INASMUCH AS YOUR INSTANT PROTEST APPEARS TO STEM FROM THE SAME MATTERS CONSIDERED IN THE CITED DECISIONS, IT IS NECESSARY THAT WE REACH A SIMILAR CONCLUSION HERE.