B-192188, NOVEMBER 22, 1978
Highlights
QUESTIONS INVOLVING FAILURE OF SBA TO ISSUE CERTIFICATE OF COMPETENCY ARE NOT FOR CONSIDERATION BY GAO. SINCE BY LAW SBA DETERMINATIONS IN SUCH MATTERS ARE "FINAL." 2. IT IS NOT GAO PRACTICE. THE PROTESTER CONTENDS THAT IT WAS THE APPARENT LOW BIDDER BUT WAS FOUND TO BE NONRESPONSIBLE AND WAS DENIED A CERTIFICATE OF COMPETENCY (COC) BY THE SMALL BUSINESS ADMINISTRATION (SBA) ON SEPTEMBER 8. NATIONAL ALLEGES THAT THE SBA DETERMINED IT NOT TO HAVE THE PROPER CREDIT AND CAPACITY TO PERFORM THE CONTRACT DUE TO "FRAUDULENT MALICIOUS ACTIONS" BY ANOTHER BIDDER. AS REGARDS THE CONTENTIONS THAT NATIONAL IS A RESPONSIBLE BIDDER. THAT A COC SHOULD HAVE BEEN ISSUED TO NATIONAL BY THE SBA. THAT THE SBA'S INVESTIGATION INTO THE MATTER OF NATIONAL'S RESPONSIBILITY WAS NOT THOROUGH.
B-192188, NOVEMBER 22, 1978
DIGEST: 1. QUESTIONS INVOLVING FAILURE OF SBA TO ISSUE CERTIFICATE OF COMPETENCY ARE NOT FOR CONSIDERATION BY GAO, SINCE BY LAW SBA DETERMINATIONS IN SUCH MATTERS ARE "FINAL." 2. IT IS NOT GAO PRACTICE, PURSUANT TO BID PROTEST FUNCTION, TO CONDUCT INVESTIGATIONS FOR ESTABLISHING VALIDITY OF PROTESTER'S SPECULATIVE STATEMENTS TO EFFECT THAT ANOTHER BIDDER FRAUDULENTLY CAUSED SBA DENIAL OF COC TO PROTESTER.
NATIONAL INVESTIGATION BUREAU, INC.:
NATIONAL INVESTIGATION BUREAU, INC. (NATIONAL), PROTESTS AGAINST AWARD TO ANY BIDDER OTHER THAN ITSELF UNDER INVITATION FOR BIDS NO. FO4693-78-B- 0002, ISSUED BY THE AIR FORCE TO PROVIDE SECURITY GUARD SERVICES AT THE LOS ANGELES AIR FORCE BASE. THE PROTESTER CONTENDS THAT IT WAS THE APPARENT LOW BIDDER BUT WAS FOUND TO BE NONRESPONSIBLE AND WAS DENIED A CERTIFICATE OF COMPETENCY (COC) BY THE SMALL BUSINESS ADMINISTRATION (SBA) ON SEPTEMBER 8, 1978. NATIONAL ALLEGES THAT THE SBA DETERMINED IT NOT TO HAVE THE PROPER CREDIT AND CAPACITY TO PERFORM THE CONTRACT DUE TO "FRAUDULENT MALICIOUS ACTIONS" BY ANOTHER BIDDER. THE PROTESTER REQUESTS OUR OFFICE TO INVESTIGATE AND MAKE A DETERMINATION AS TO ITS RESPONSIBILITY. ADDITIONALLY, THE PROTESTER QUESTIONS THE THOROUGHNESS OF THE SBA INVESTIGATION IN DENYING NATIONAL A COC.
AS REGARDS THE CONTENTIONS THAT NATIONAL IS A RESPONSIBLE BIDDER, THAT A COC SHOULD HAVE BEEN ISSUED TO NATIONAL BY THE SBA, AND THAT THE SBA'S INVESTIGATION INTO THE MATTER OF NATIONAL'S RESPONSIBILITY WAS NOT THOROUGH, THE PROVISIONS OF PUBLIC LAW 95-89, 91 STAT. 553, 561, APPROVED AUGUST 4, 1977, VEST IN THE SBA THE AUTHORITY TO MAKE "A FINAL DISPOSITION" OF QUESTIONS CONCERNING THE RESPONSIBILITY OF A SMALL BUSINESS CONCERN. SINCE UNDER THE LAW THE SBA'S DECISION ON SUCH MATTERS IS "FINAL," OUR OFFICE DOES NOT REVIEW AN SBA DETERMINATION, AND CANNOT REQUIRE THE SBA TO ISSUE A COC, OR TO REOPEN A CASE WHEN A COC HAS BEEN DENIED. TRI RIVERS AMBULANCE; PERMAN AMBULANCE SERVICE, INC., B-190326, APRIL 18, 1978, 78-1 CPD 299; GREENBRIAR INDUSTRIES, INC., B-191380, APRIL 24, 1978, 78-1 CPD 315.
REGARDING NATIONAL'S CONTENTION THAT ANOTHER BIDDER'S FRAUDULENT ACTIONS CAUSED THE SBA'S DENIAL OF A COC TO THE PROTESTER AND THE REQUEST THAT OUR OFFICE INVESTIGATE THE MATTER FURTHER, IT IS NOT THE GENERAL ACCOUNTING OFFICE PRACTICE, PURSUANT TO OUR BID PROTEST FUNCTION, TO CONDUCT INVESTIGATIONS FOR THE PURPOSE OF ESTABLISHING THE VALIDITY OF A PROTESTER'S SPECULATIVE STATEMENTS. FIRE & TECHNICAL EQUIPMENT CORP., B-191766, JUNE 6, 1978, 78-1 CPD 415. ACCORDINGLY, THE REQUEST FOR AN INVESTIGATION IS DENIED. ANY FURTHER REQUEST IN THIS REGARD MUST BE REFERRED TO SBA.
THE PROTEST IS DISMISSED.