B-210863, MAR 15, 1983
Highlights
DIGEST: GAO WILL NOT REVIEW A CONTRACTING OFFICER'S DEICSION THAT A SMALL BUSINESS FIRM IS NOT A RESPONSIBLE BIDDER SINCE UNDER LAW THE SMALL BUSINESS ADMINISTRATION HAS AUTHORITY TO CERTIFY CONCLUSIVELY WHETHER A SMALL BUSINESS IS RESPONSIBLE. GABRIEL AND ASSOCIATES: GABRIEL AND ASSOCIATES (GABRIEL) PROTESTS THE ARMY CORPS OF ENGINEERS' DETERMINATION THAT IT IS NOT A RESPONSIBLE BIDDER UNDER SOLICITATION NO. GABRIEL IS A SMALL BUSINESS. THAT DETERMINATION IS CONCLUSIVE ON THIS OFFICE. THE PROTEST IS DISMISSED.
B-210863, MAR 15, 1983
DIGEST: GAO WILL NOT REVIEW A CONTRACTING OFFICER'S DEICSION THAT A SMALL BUSINESS FIRM IS NOT A RESPONSIBLE BIDDER SINCE UNDER LAW THE SMALL BUSINESS ADMINISTRATION HAS AUTHORITY TO CERTIFY CONCLUSIVELY WHETHER A SMALL BUSINESS IS RESPONSIBLE.
GABRIEL AND ASSOCIATES:
GABRIEL AND ASSOCIATES (GABRIEL) PROTESTS THE ARMY CORPS OF ENGINEERS' DETERMINATION THAT IT IS NOT A RESPONSIBLE BIDDER UNDER SOLICITATION NO. DACW23-82-B-0011. WE DISMISS THE PROTEST.
GABRIEL IS A SMALL BUSINESS. THE SMALL BUSINESS ADMINISTRATION (SBA) HAS THE AUTHORITY TO ULTIMATELY DETERMINE A SMALL BUSINESS BIDDER'S RESPONSIBILITY BY ISSUING OR DECLINING TO ISSUE A CERTIFICATE OF COMPETENCY (COC), AND THAT DETERMINATION IS CONCLUSIVE ON THIS OFFICE. U.S.C. SEC. 637(B)(7) (SUPP. IV 1980). THE PROTESTER'S SUBMISSION INDICATES THAT THE MATTER HAS BEEN REFERRED TO THE SBA. WE THEREFORE CANNOT CONSIDER THE MATTER. ASPEN REFORESTATION, B-206144, FEBRUARY 4, 1982, 82-1 CPD 95.
THE PROTEST IS DISMISSED.