B-211985, JUN 20, 1983
Highlights
DIGEST: GAO WILL NOT REVIEW CONTRACTING OFFICER'S NONRESPONSIBILITY DETERMINATION WHERE IT HAS BEEN AFFIRMED BY THE SMALL BUSINESS ADMINISTRATION'S DENIAL OF A CERTIFICATE OF COMPETENCY. PROTESTS THE CONTRACTING OFFICER'S DETERMINATION THAT THE FIRM WAS NONRESPONSIBLE AND. SINCE POTOMAC IS A SMALL BUSINESS CONCERN. OUR OFFICE WILL NOT QUESTION A CONTRACTING OFFICER'S NEGATIVE RESPONSIBILITY DETERMINATION WHERE IT HAS BEEN AFFIRMED BY SBA'S DENIAL OF A COC IN THE ABSENCE OF FRAUD OR BAD FAITH. THE PROTEST IS DISMISSED.
B-211985, JUN 20, 1983
DIGEST: GAO WILL NOT REVIEW CONTRACTING OFFICER'S NONRESPONSIBILITY DETERMINATION WHERE IT HAS BEEN AFFIRMED BY THE SMALL BUSINESS ADMINISTRATION'S DENIAL OF A CERTIFICATE OF COMPETENCY.
POTOMAC IRON WORKS, INC.:
POTOMAC IRON WORKS, INC. (POTOMAC), PROTESTS THE CONTRACTING OFFICER'S DETERMINATION THAT THE FIRM WAS NONRESPONSIBLE AND, THEREFORE, INELIGIBLE TO RECEIVE AWARD UNDER INVITATION FOR BIDS NO. N00140-83-R-0272, ISSUED BY THE DEPARTMENT OF THE NAVY FOR 550 STEEL CHANNELS.
SINCE POTOMAC IS A SMALL BUSINESS CONCERN, THE NAVY REFERRED THE CONTRACTING OFFICER'S NEGATIVE RESPONSIBILITY DETERMINATION TO THE SMALL BUSINESS ADMINISTRATION (SBA), AS REQUIRED BY 15 U.S.C. SEC. 637(B)(7) (SUPP. IV 1980), FOR CONSIDERATION UNDER SBA'S CERTIFICATE OF COMPETENCY (COC) PROCEDURES. SEE 14 C.F.R. SEC. 125.5 (1982). THE SBA DENIED ISSUANCE OF A COC.
OUR OFFICE WILL NOT QUESTION A CONTRACTING OFFICER'S NEGATIVE RESPONSIBILITY DETERMINATION WHERE IT HAS BEEN AFFIRMED BY SBA'S DENIAL OF A COC IN THE ABSENCE OF FRAUD OR BAD FAITH. PARMATIC FILTER CORPORATION, B-210138, FEBRUARY 24, 1983, 83-1 CPD 187; VERMITRON CORPORATION, B-201832.4, SEPTEMBER 25, 1981, 81-2 CPD 250.
THE PROTEST IS DISMISSED.