B-212238, JUL 18, 1983
Highlights
HAS CONCLUSIVE STATUTORY AUTHORITY TO DETERMINE THE RESPONSIBILITY OF A SMALL BUSINESS THAT IS FOUND NONRESPONSIBLE BY THE CONTRACTING AGENCY. SHOULD NOT HAVE BEEN FOUND NONRESPONSIBLE AND SHOULD NOT BE REQUIRED TO GO THROUGH THE SMALL BUSINESS ADMINISTRATION'S (SBA) CERTIFICATE OF COMPETENCY (COC) PROCEDURES. THE QUESTION OF COLUMBUS JACK'S RESPONSIBILITY IS NOT FOR CONSIDERATION BY OUR OFFICE. HAS THE AUTHORITY TO ULTIMATELY DETERMINE A SMALL BUSINESS BIDDER'S RESPONSIBILITY BY ISSUING OR DECLINING TO ISSUE A COC AND THAT DETERMINATION IS CONCLUSIVE ON OUR OFFICE.
B-212238, JUL 18, 1983
DIGEST: THE SMALL BUSINESS ADMINISTRATION, NOT GAO, HAS CONCLUSIVE STATUTORY AUTHORITY TO DETERMINE THE RESPONSIBILITY OF A SMALL BUSINESS THAT IS FOUND NONRESPONSIBLE BY THE CONTRACTING AGENCY.
COLUMBUS JACK CORPORATION:
COLUMBUS JACK CORPORATION PROTESTS A NEGATIVE DETERMINATION OF RESPONSIBILITY MADE BY THE ARMY UNDER INVITATION FOR BIDS NO. DAAE07-83 B- A764.
COLUMBUS JACK STATES THAT IT HAS BEEN A RESPONSIBLE BIDDER FOR MANY YEARS, SHOULD NOT HAVE BEEN FOUND NONRESPONSIBLE AND SHOULD NOT BE REQUIRED TO GO THROUGH THE SMALL BUSINESS ADMINISTRATION'S (SBA) CERTIFICATE OF COMPETENCY (COC) PROCEDURES.
WE DISMISS THE PROTEST.
THE QUESTION OF COLUMBUS JACK'S RESPONSIBILITY IS NOT FOR CONSIDERATION BY OUR OFFICE. THE SBA, NOT GAO, HAS THE AUTHORITY TO ULTIMATELY DETERMINE A SMALL BUSINESS BIDDER'S RESPONSIBILITY BY ISSUING OR DECLINING TO ISSUE A COC AND THAT DETERMINATION IS CONCLUSIVE ON OUR 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 SINCE THAT WOULD AMOUNT TO OUR SUBSTITUTING FOR THE AGENCY SPECIFICALLY AUTHORIZED BY STATUTE TO REVIEW SUCH DETERMINATIONS. GABRIEL AND ASSOCIATES, B-210863, MARCH 15, 1983, 83-1 CPD 261; ART'S SUPPLIES & SERVICES, B-210156, JANUARY 6, 1983, 83-1 CPD 14.