B-176591, OCT 18, 1972

B-176591: Oct 18, 1972

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(NO 2 LINE MATERIAL) (NO 3 LINE MATERIAL) TO NATIONAL TAPE CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF JULY 24. YOU MAINTAIN THAT THE SBA CONCLUSIONS CONCERNING YOUR FIRM'S FINANCIAL POSITION ARE ERRONEOUS AND THAT IT SHOULD HAVE BEEN AWARDED A CONTRACT UNDER THE IFB. IS APPLICABLE TO THE PRESENT SITUATION AND IS DISPOSITIVE OF THE PROTEST. IN THAT DECISION WE HELD: "THE CRUX OF YOUR PROTEST IS THAT THE SMALL BUSINESS ADMINISTRATION (SBA) ERRONEOUSLY REFUSED TO ISSUE A CERTIFICATE OF COMPETENCY (COC) TO YOUR FIRM. PLEASE BE ADVISED THAT OUR OFFICE DOES NOT REVIEW SBA DETERMINATIONS IN SUCH MATTERS OR HAVE THE AUTHORITY TO REQUIRE THE ISSUANCE OF A COC. THE CONTENTIONS REGARDING YOUR FIRM'S FINANCIAL CAPABILITIES PROVIDE NO BASIS FOR ACTION BY OUR OFFICE AND THE PROTEST ACCORDINGLY IS DENIED.

B-176591, OCT 18, 1972

(NO 2 LINE MATERIAL) (NO 3 LINE MATERIAL)

TO NATIONAL TAPE CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF JULY 24, 1972, AND PRIOR CORRESPONDENCE, PROTESTING THE REFUSAL OF THE SMALL BUSINESS ADMINISTRATION (SBA) TO ISSUE A CERTIFICATE OF COMPETENCY TO YOUR FIRM WITH RESPECT TO GENERAL SERVICES ADMINISTRATION (GSA) INVITATION FOR BIDS (IFB) FPNSO-E1-2233-A.

YOU MAINTAIN THAT THE SBA CONCLUSIONS CONCERNING YOUR FIRM'S FINANCIAL POSITION ARE ERRONEOUS AND THAT IT SHOULD HAVE BEEN AWARDED A CONTRACT UNDER THE IFB. OUR DECISION B-176804, SEPTEMBER 6, 1972, IS APPLICABLE TO THE PRESENT SITUATION AND IS DISPOSITIVE OF THE PROTEST. IN THAT DECISION WE HELD:

"THE CRUX OF YOUR PROTEST IS THAT THE SMALL BUSINESS ADMINISTRATION (SBA) ERRONEOUSLY REFUSED TO ISSUE A CERTIFICATE OF COMPETENCY (COC) TO YOUR FIRM. PLEASE BE ADVISED THAT OUR OFFICE DOES NOT REVIEW SBA DETERMINATIONS IN SUCH MATTERS OR HAVE THE AUTHORITY TO REQUIRE THE ISSUANCE OF A COC. B-175970, JULY 18, 1972. IN ADDITION, WE REGARD THE REFUSAL OF SBA TO ISSUE A COC AS PERSUASIVE WITH RESPECT TO THE COMPETENCY OF A BIDDER, AND THE DENIAL THEREOF AS AN AFFIRMATION OF THE CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY. 43 COMP. GEN. 228 (1963)."

IN VIEW OF THE FOREGOING, THE CONTENTIONS REGARDING YOUR FIRM'S FINANCIAL CAPABILITIES PROVIDE NO BASIS FOR ACTION BY OUR OFFICE AND THE PROTEST ACCORDINGLY IS DENIED.

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