B-199309, JAN 14, 1981
Highlights
THAT SMALL BUSINESS CONCERN IS NOT QUALIFIED TO PARTICIPATE IN COMPETITION FOR GOVERNMENT CONTRACTS IS ESSENTIALLY NEGATIVE RESPONSIBILITY DETERMINATION WHICH MUST BE REFERRED TO SMALL BUSINESS ADMINISTRATION UNDER CERTIFICATE OF COMPETENCY PROGRAM. PROTESTS THE DETERMINATION THAT ITS SAMPLE VIDEOTAPE PRODUCTION IS TECHNICALLY UNACCEPTABLE AND CONSEQUENTLY IT IS NOT QUALIFIED TO PARTICIPATE IN THE UNIFORM SYSTEM FOR PRODUCING VIDEOTAPES FOR THE GOVERNMENT. THE DETERMINATION WAS MADE BY THE DIRECTORATE FOR AUDIOVISUAL MANAGEMENT POLICY OF THE DEPARTMENT OF DEFENSE. CONCLUDED THAT SUCH DETERMINATIONS ARE ESSENTIALLY NEGATIVE RESPONSIBILITY DETERMINATIONS WHICH MUST BE REFERRED TO SBA UNDER THE COC PROGRAM.
B-199309, JAN 14, 1981
DIGEST: DETERMINATION, MADE UNDER OFFICE OF FEDERAL PROCUREMENT POLICY'S UNIFORM SYSTEM FOR CONTRACTING FOR FILM AND VIDEOTAPE PRODUCTIONS, THAT SMALL BUSINESS CONCERN IS NOT QUALIFIED TO PARTICIPATE IN COMPETITION FOR GOVERNMENT CONTRACTS IS ESSENTIALLY NEGATIVE RESPONSIBILITY DETERMINATION WHICH MUST BE REFERRED TO SMALL BUSINESS ADMINISTRATION UNDER CERTIFICATE OF COMPETENCY PROGRAM.
SYNERGISTIC SOLUTIONS, INC.:
SYNERGISTIC SOLUTIONS, INC., PROTESTS THE DETERMINATION THAT ITS SAMPLE VIDEOTAPE PRODUCTION IS TECHNICALLY UNACCEPTABLE AND CONSEQUENTLY IT IS NOT QUALIFIED TO PARTICIPATE IN THE UNIFORM SYSTEM FOR PRODUCING VIDEOTAPES FOR THE GOVERNMENT. THE DETERMINATION WAS MADE BY THE DIRECTORATE FOR AUDIOVISUAL MANAGEMENT POLICY OF THE DEPARTMENT OF DEFENSE, ACTING AS EXECUTIVE AGENT FOR THE OFFICE OF FEDERAL PROCUREMENT POLICY (OFPP) UNDER THE UNIFORM GOVERNMENT-WIDE SYSTEM FOR CONTRACTING FOR MOTION PICTURE AND VIDEOTAPE PRODUCTIONS. OFPP DID NOT REFER THAT NEGATIVE DETERMINATION TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR CONSIDERATION UNDER THE CERTIFICATE OF COMPETENCY (COC) PROGRAM, AS THE PROTESTER REQUESTED.
OUR DECISION IN THE MATTER OF OFFICE OF FEDERAL PROCUREMENT POLICY'S FILMS PRODUCTION CONTRACTING SYSTEM; JOHN BRANSBY PRODUCTIONS, LTD., B-198360, DECEMBER 9, 1980, 80-2 CPD , CONCLUDED THAT SUCH DETERMINATIONS ARE ESSENTIALLY NEGATIVE RESPONSIBILITY DETERMINATIONS WHICH MUST BE REFERRED TO SBA UNDER THE COC PROGRAM. ACCORDINGLY, WE BELIEVE THAT THIS MATTER MUST BE REFERRED TO SBA AND BY LETTER OF TODAY WE ARE ADVISING THE ADMINISTRATOR OF OFPP OF OUR VIEWS.
PROTEST SUSTAINED.