B-188885, MAY 19, 1977

B-188885: May 19, 1977

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PROTEST TO GAO IS DISMISSED. WAS FOUND NONRESPONSIBLE BECAUSE OF FINANCIAL DIFFICULTIES AND WAS THUS INELIGIBLE FOR AWARD. THERE IS NO INDICATION THAT THE SBA HAS NOT CONSIDERED OR WILL NOT CONSIDER THE REQUEST FOR A COC. FURTHER CONSIDERATION OF VOLARE'S PROTEST BY THIS OFFICE WILL SERVE NO USEFUL PURPOSE AND THE PROTEST IS DISMISSED.

B-188885, MAY 19, 1977

WHERE CONTRACTING OFFICER HAS FOUND SMALL BUSINESS OFFEROR TO BE NONRESPONSIBLE AND HAS REFERRED MATTER TO SBA FOR POSSIBLE ISSUANCE OF COC, PROTEST TO GAO IS DISMISSED. SBA ALONE HAS STATUTORY AUTHORITY TO ISSUE OR DENY A COC AND GAO HAS NO POWER TO REVIEW SUCH DETERMINATIONS.

VOLARE, INC.:

VOLARE, INC. (VOLARE) PROTESTS THE AWARD TO ANY OTHER BIDDER OF ANY CONTRACT RESULTING FROM INVITATION FOR BIDS (IFB) DSA100-77-B-0827, ISSUED BY THE DEFENSE LOGISTICS AGENCY (DLA). VOLARE, APPARENTLY A SMALL BUSINESS AND THE LOW RESPONSIVE BIDDER, WAS FOUND NONRESPONSIBLE BECAUSE OF FINANCIAL DIFFICULTIES AND WAS THUS INELIGIBLE FOR AWARD. VOLARE STATES THAT IN ORDER TO CORRECT THESE PROBLEMS IT HAS MERGED WITH ANOTHER FIRM.

THE MATTER HAS BEEN REFERRED BY DLA TO THE SMALL BUSINESS ADMINISTRATION (SBA), PURUSANT TO ARMED SERVICES PROCUREMENT REGULATION SEC. 1-705.4(C), FOR REVIEW AND POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY (COC), WHICH WOULD RENDER VOLARE ELIGIBLE FOR AWARD BY CERTIFYING ITS COMPETENCY AS TO CAPACITY AND CREDIT. UNDER 15 U.S.C. 637(B)(7)(1970), THE SBA HAS THE AUTHORITY TO ISSUE OR DENY A COC AND OUR OFFICE HAS NO AUTHORITY TO REVIEW SUCH AN SBA DETERMINATION, TO REQUIRE ISSUANCE OF A COC, OR TO REOPEN A CASE WHEN A COC HAS BEEN DENIED. PRECISION ELECTRONICS LABS, B-186751, OCTOBER 29, 1976, 76-2 CPD 369, AND CASES CITED THEREIN. THERE IS NO INDICATION THAT THE SBA HAS NOT CONSIDERED OR WILL NOT CONSIDER THE REQUEST FOR A COC.

ACCORDINGLY, FURTHER CONSIDERATION OF VOLARE'S PROTEST BY THIS OFFICE WILL SERVE NO USEFUL PURPOSE AND THE PROTEST IS DISMISSED.