B-206062.2, APR 26, 1982

B-206062.2: Apr 26, 1982

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DIGEST: GAO WILL NOT QUESTION THE CONTRACTING OFFICER'S DETERMINATION THAT A SMALL BUSINESS IS NONRESPONSIBLE WHERE THE SMALL BUSINESS ADMINISTRATION (SBA) AFFIRMS THAT DETERMINATION BY REFUSING TO ISSUE A CERTIFICATE OF COMPETENCY (COC). GAO WILL NOT QUESTION THE SBA'S REFUSAL TO ISSUE A COC ABSENT A SHOWING OF FRAUD OR BAD FAITH. AERVOE-PACIFIC COMPANY: AERVOE-PACIFIC COMPANY PROTESTS THE DETERMINATION BY THE GENERAL SERVICES ADMINISTRATION (GSA) THAT AERVOE-PACIFIC IS A NONRESPONSIBLE BIDDER AND THUS INELIGIBLE FOR CONTRACT AWARD UNDER SOLICITATION NO. 10PR-ZNS-5065 FOR AEROSAL LACQUERS. WE WILL NOT CONSIDER THE PROTEST ON THE MERITS. OUR OFFICE WILL NOT QUESTION A CONTRACTING OFFICER'S DETERMINATION THAT A SMALL BUSINESS IS NONRESPONSIBLE WHERE THE SBA AFFIRMS THAT DETERMINATION BY REFUSING TO ISSUE A COC.

B-206062.2, APR 26, 1982

DIGEST: GAO WILL NOT QUESTION THE CONTRACTING OFFICER'S DETERMINATION THAT A SMALL BUSINESS IS NONRESPONSIBLE WHERE THE SMALL BUSINESS ADMINISTRATION (SBA) AFFIRMS THAT DETERMINATION BY REFUSING TO ISSUE A CERTIFICATE OF COMPETENCY (COC). IN ADDITION, GAO WILL NOT QUESTION THE SBA'S REFUSAL TO ISSUE A COC ABSENT A SHOWING OF FRAUD OR BAD FAITH.

AERVOE-PACIFIC COMPANY:

AERVOE-PACIFIC COMPANY PROTESTS THE DETERMINATION BY THE GENERAL SERVICES ADMINISTRATION (GSA) THAT AERVOE-PACIFIC IS A NONRESPONSIBLE BIDDER AND THUS INELIGIBLE FOR CONTRACT AWARD UNDER SOLICITATION NO. 10PR-ZNS-5065 FOR AEROSAL LACQUERS.

WE WILL NOT CONSIDER THE PROTEST ON THE MERITS.

GSA REFERRED THE MATTER OF AERVOE-PACIFIC'S NONRESPONSIBILITY TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR THE POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY (COC). THE SBA DECLINED TO ISSUE A COC.

THE SBA HAS CONCLUSIVE AUTHORITY TO DETERMINE THE RESPONSIBILITY OF A SMALL BUSINESS BY ISSUING OR DECLINING TO ISSUE A COC. 15 U.S.C. SEC. 637(B)(7)(A) (SUPP. III 1979). THUS, OUR OFFICE WILL NOT QUESTION A CONTRACTING OFFICER'S DETERMINATION THAT A SMALL BUSINESS IS NONRESPONSIBLE WHERE THE SBA AFFIRMS THAT DETERMINATION BY REFUSING TO ISSUE A COC. SEE STONER - CAROGA CORP. INC., B-204307, AUGUST 26, 1981, 81-2 CPD 182. NOR WILL WE QUESTION THE SBA'S REFUSAL TO ISSUE A COC IN THE ABSENCE OF A SHOWING BY THE SMALL BUSINESS THAT THE REFUSAL STEMMED FROM FRAUD OR BAD FAITH. SEE DAN'S JANITORIAL SERVICE & SUPPLY, B-200360, JANUARY 22, 1981, 81-1 CPD 36. THERE IS NO EVIDENCE OF FRAUD OR BAD FAITH HERE.

WE DISMISS THE PROTEST.