B-215644, JUL 9, 1984, 84-2 CPD 31
Highlights
CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - RESPONSIBILITY DETERMINATION - NONRESPONSIBILITY FINDING - REVIEW BY GAO 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 AUTHORITY TO CERTIFY CONCLUSIVELY WHETHER A SMALL BUSINESS IS RESPONSIBLE. (ERIN) PROTESTS THE DEPARTMENT OF THE AIR FORCE'S DETERMINATION THAT IT IS NOT A RESPONSIBLE BIDDER UNDER SOLICITATION NO. ERIN IS A SMALL BUSINESS. THAT DETERMINATION IS CONCLUSIVE ON THIS OFFICE. THE PROTEST IS DISMISSED.
B-215644, JUL 9, 1984, 84-2 CPD 31
CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - RESPONSIBILITY DETERMINATION - NONRESPONSIBILITY FINDING - REVIEW BY GAO 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 AUTHORITY TO CERTIFY CONCLUSIVELY WHETHER A SMALL BUSINESS IS RESPONSIBLE.
ERIN SERVICES INTERNATIONAL, INC.:
ERIN SERVICES INTERNATIONAL, INC. (ERIN) PROTESTS THE DEPARTMENT OF THE AIR FORCE'S DETERMINATION THAT IT IS NOT A RESPONSIBLE BIDDER UNDER SOLICITATION NO. F33601-84-B-0041.
ERIN 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 (COC), AND THAT DETERMINATION IS CONCLUSIVE ON THIS OFFICE. U.S.C. SEC. 637(B)(7) (1982). THE PROTESTER'S SUBMISSION INDICATES THAT THE MATTER HAS BEEN REFERRED TO THE SBA. WE THEREFORE CANNOT CONSIDER THE MATTER. GABRIEL AND ASSOCIATES, B-210863, MARCH 15, 1983, 83-1 CPD PARA. 261.
THE PROTEST IS DISMISSED.