B-205540, DEC 15, 1981
Highlights
DIGEST: GAO WILL NOT REVIEW SMALL BUSINESS ADMINISTRATION REFUSAL TO ISSUE A CERTIFICATE OF COMPETENCY IN THE ABSENCE OF A SHOWING OF FRAUD OR BAD FAITH. SELVES CONTENDS THAT THE SBA'S DECISION WAS IMPROPER BECAUSE IT WAS NOT BASED UPON ACCURATE DATA. THAT DETERMINATION IS CONCLUSIVE ON THE GENERAL ACCOUNTING OFFICE (GAO). WHERE NO QUESTION OF FRAUD OR BAD FAITH IS INVOLVED. THERE IS NO SHOWING OF FRAUD OR BAD FAITH. THE PROTEST IS DISMISSED.
B-205540, DEC 15, 1981
DIGEST: GAO WILL NOT REVIEW SMALL BUSINESS ADMINISTRATION REFUSAL TO ISSUE A CERTIFICATE OF COMPETENCY IN THE ABSENCE OF A SHOWING OF FRAUD OR BAD FAITH.
TOM SELVES OFFICE SUPPLY:
TOM SELVES OFFICE SUPPLY (SELVES) PROTESTS THE SMALL BUSINESS ADMINISTRATION'S (SBA) REFUSAL TO ISSUE IT A CERTIFICATE OF COMPETENCY (COC) ON GENERAL SERVICES ADMINISTRATION SOLICITATION NO. GSD-7DPR 20003. SELVES CONTENDS THAT THE SBA'S DECISION WAS IMPROPER BECAUSE IT WAS NOT BASED UPON ACCURATE DATA.
THE SBA HAS CONCLUSIVE AUTHORITY TO DETERMINE A SMALL BUSINESS BIDDER'S RESPONSIBILITY BY ISSUING OR DECLINING TO ISSUE A COC, AND THAT DETERMINATION IS CONCLUSIVE ON THE GENERAL ACCOUNTING OFFICE (GAO). SEE BURGESS, INC., B-203603, JUNE 30, 1981, 81-1 CPD 547. WHERE NO QUESTION OF FRAUD OR BAD FAITH IS INVOLVED, GAO CANNOT REQUIRE OR RECOMMEND EITHER THAT THE SBA ISSUE A COC OR THAT THE SBA REOPEN A CASE WHERE A COC HAS BEEN DENIED. SEE DAN'S JANITORIAL SERVICE & SUPPLY, B-200360, JANUARY 22, 1981, 81-1 CPD 36. HERE, THERE IS NO SHOWING OF FRAUD OR BAD FAITH.
THEREFORE, THE PROTEST IS DISMISSED.