B-215725, JUL 23, 1984, 84-2 CPD 93
Highlights
GAO WILL NOT REVIEW AN AGENCY'S DETERMINATION THAT A SMALL BUSINESS IS NONRESPONSIBLE SINCE THE CONCLUSIVE AUTHORITY TO DECIDE THE RESPONSIBILITY OF SMALL BUSINESSES IS VESTED IN THE SMALL BUSINESS ADMINISTRATION. A PROTEST AGAINST ALLEGED SOLICITATION IMPROPRIETIES THAT WERE APPARENT PRIOR TO BID OPENING IS UNTIMELY WHERE THE PROTEST WAS NOT FILED UNTIL AFTER THAT DATE. VANHER CORPORATION: VANHER CORPORATION PROTESTS THE CONTRACTING OFFICER'S DETERMINATION THAT THE FIRM IS NONRESPONSIBLE UNDER INVITATION FOR BIDS NO. 600-136 84. VANHER ADVISES THAT THE MATTER CURRENTLY IS BEFORE THE SMALL BUSINESS ADMINISTRATION UNDER THE CERTIFICATE OF COMPETENCY PROCEDURE. VANHER ALSO ALLEGES THAT THE PLANS AND SPECIFICATIONS OF THE INVITATION WERE DEFECTIVE.
B-215725, JUL 23, 1984, 84-2 CPD 93
CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - RESPONSIBILITY DETERMINATION - NONRESPONSIBILITY FINDING - REVIEW BY GAO DIGEST: 1. GAO WILL NOT REVIEW AN AGENCY'S DETERMINATION THAT A SMALL BUSINESS IS NONRESPONSIBLE SINCE THE CONCLUSIVE AUTHORITY TO DECIDE THE RESPONSIBILITY OF SMALL BUSINESSES IS VESTED IN THE SMALL BUSINESS ADMINISTRATION. CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO BID OPENING/CLOSING DATE FOR PROPOSALS 2. A PROTEST AGAINST ALLEGED SOLICITATION IMPROPRIETIES THAT WERE APPARENT PRIOR TO BID OPENING IS UNTIMELY WHERE THE PROTEST WAS NOT FILED UNTIL AFTER THAT DATE.
VANHER CORPORATION:
VANHER CORPORATION PROTESTS THE CONTRACTING OFFICER'S DETERMINATION THAT THE FIRM IS NONRESPONSIBLE UNDER INVITATION FOR BIDS NO. 600-136 84, ISSUED BY THE VETERANS ADMINISTRATION (VA) FOR HEATING AND COOLING COILS FOR THE VA MEDICAL CENTER IN LONG BEACH, CALIFORNIA. VANHER ADVISES THAT THE MATTER CURRENTLY IS BEFORE THE SMALL BUSINESS ADMINISTRATION UNDER THE CERTIFICATE OF COMPETENCY PROCEDURE. VANHER ALSO ALLEGES THAT THE PLANS AND SPECIFICATIONS OF THE INVITATION WERE DEFECTIVE.
WE WILL NOT CONSIDER VANHER'S RESPONSIBILITY SINCE THE SMALL BUSINESS ADMINISTRATION HAS THE AUTHORITY TO MAKE DETERMINATIONS ABOUT THE RESPONSIBILITY OF A SMALL BUSINESS CONCERN BY ISSUING OR DECLINING TO ISSUE A CERTIFICATE OF COMPETENCY. 15 U.S.C. SEC. 637(B)(7) (1982).
VANHER ALSO COMPLAINS THAT THERE WERE DISCREPANCIES BETWEEN THE ACTUAL CONDITIONS AT THE SITE AND WHAT THE INVITATION SHOWED. TO THE EXTENT THIS IS INTENDED AS A PROTEST AGAINST SOLICITATION IMPROPRIETIES THAT WERE APPARENT TO VANHER PRIOR TO BID OPENING, IT IS UNTIMELY. OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.2(B)(1) (1984), REQUIRE THAT PROTESTS BASED ON SOLICITATION IMPROPRIETIES APPARENT PRIOR TO BID OPENING MUST BE FILED BEFORE THAT DATE. SEE AMERICAN KAL ENTERPRISES, INCORPORATED, B-211938, JAN. 11, 1984, 84-1 CPD PARA. 66.
THE PROTEST IS DISMISSED.