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B-212491, AUG 15, 1983

B-212491 Aug 15, 1983
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DIGEST: GAO WILL NOT REVIEW A CONTRACTING OFFICER'S DECISION THAT A SMALL BUSINESS FIRM IS NOT A RESPONSIBLE BIDDER SINCE UNDER LAW THE SMALL BUSINESS ADMINISTRATION HAS CONCLUSIVE AUTHORITY TO CERTIFY WHETHER A SMALL BUSINESS IS RESPONSIBLE. PROTESTS THE DEFENSE LOGISTICS AGENCY'S DETERMINATION THAT IT IS NOT A RESPONSIBLE BIDDER UNDER SOLICITATION NO. SEALTECH IS A SMALL BUSINESS. THAT DETERMINATION IS CONCLUSIVE ON THIS OFFICE.

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B-212491, AUG 15, 1983

DIGEST: GAO WILL NOT REVIEW A CONTRACTING OFFICER'S DECISION THAT A SMALL BUSINESS FIRM IS NOT A RESPONSIBLE BIDDER SINCE UNDER LAW THE SMALL BUSINESS ADMINISTRATION HAS CONCLUSIVE AUTHORITY TO CERTIFY WHETHER A SMALL BUSINESS IS RESPONSIBLE.

SEALTECH, INC.:

SEALTECH, INC. (SEALTECH), PROTESTS THE DEFENSE LOGISTICS AGENCY'S DETERMINATION THAT IT IS NOT A RESPONSIBLE BIDDER UNDER SOLICITATION NO. DLA100-83-B-0085. WE DISMISS THE PROTEST.

SEALTECH IS A SMALL BUSINESS. THE SMALL BUSINESS ADMINISTRATION (SBA) HAS THE AUTHORITY TO ULTIMATELY DETERMINE A SMALL BUSINESS BIDDER'S RESPONSIBILITY BY ISSUING OR DECLINING TO ISSUE A CERTIFICATE OF COMPETENCY, AND THAT DETERMINATION IS CONCLUSIVE ON THIS OFFICE. U.S.C. SEC. 637(B)(7) (SUPP. IV 1980). THE RECORD INDICATES THAT THE MATTER HAS BEEN REFERRED TO THE SBA. WE THEREFORE CANNOT CONSIDER THE MATTER. GABRIEL AND ASSOCIATES, B-210803, MARCH 15, 1983, 83-1 CPD 261.

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