B-176684, OCT 2, 1972
Highlights
GAO DOES NOT REVIEW SBA DETERMINATIONS UNDER THE CERTIFICATE OF COMPETENCY (COC) PROGRAM AND DOES NOT HAVE THE AUTHORITY TO ORDER THE ISSUANCE OF A COC. THE REFUSAL OF SBA TO ISSUE A COC IS PERSUASIVE WITH RESPECT TO THE BIDDER'S COMPETENCY AND IS AN AFFIRMATION OF THE CONTRACTING OFFICER'S DETERMINATION OF NON RESPONSIBILITY. OUR OFFICE DOES NOT REVIEW SBA DETERMINATIONS IN SUCH MATTERS OR HAVE THE AUTHORITY TO REQUIRE THE ISSUANCE OF A COC. WE HAVE BEEN INFORMALLY ADVISED BY THE DEPARTMENT OF THE ARMY THAT THE PROCUREMENT ACTIVITY HAS NO KNOWLEDGE OF ANY COMPLAINT AGAINST ANOTHER BIDDER.
B-176684, OCT 2, 1972
BID PROTEST - CERTIFICATE OF COMPETENCY DENIAL OF PROTEST BY VANBAR AGAINST THE AWARD OF A CONTRACT TO ANY OTHER FIRM UNDER AN IFB ISSUED BY THE U.S. ARMY MOBILITY EQUIPMENT COMMAND. GAO DOES NOT REVIEW SBA DETERMINATIONS UNDER THE CERTIFICATE OF COMPETENCY (COC) PROGRAM AND DOES NOT HAVE THE AUTHORITY TO ORDER THE ISSUANCE OF A COC. FURTHER, THE REFUSAL OF SBA TO ISSUE A COC IS PERSUASIVE WITH RESPECT TO THE BIDDER'S COMPETENCY AND IS AN AFFIRMATION OF THE CONTRACTING OFFICER'S DETERMINATION OF NON RESPONSIBILITY.
TO VANBAR:
WE ACKNOWLEDGE YOUR LETTER OF AUGUST 16, 1972, WITH ENCLOSURE, WHICH PROVIDES SUPPLEMENTAL INFORMATION REGARDING YOUR PROTEST AGAINST THE AWARD OF A CONTRACT TO ANY OTHER FIRM UNDER INVITATION FOR BIDS (IFB) DAAK01-72- B-7331, ISSUED BY THE U. S. ARMY MOBILITY EQUIPMENT COMMAND. AFTER REVIEWING THIS LETTER, WE CONCLUDE, FOR THE REASONS WHICH FOLLOW, THAT YOUR PROTEST MUST BE DENIED.
THE CRUX OF YOUR LETTER DEALS WITH THE REFUSAL OF THE SMALL BUSINESS ADMINISTRATION (SBA) TO ISSUE A CERTIFICATE OF COMPETENCY (COC) TO VANBAR. OUR OFFICE DOES NOT REVIEW SBA DETERMINATIONS IN SUCH MATTERS OR HAVE THE AUTHORITY TO REQUIRE THE ISSUANCE OF A COC. B-175970, JULY 18, 1972. IN ADDITION, WE REGARD THE REFUSAL OF SBA TO ISSUE A COC AS PERSUASIVE WITH RESPECT TO THE COMPETENCY OF A BIDDER AND THE DENIAL THEREOF AS AN AFFIRMATION OF THE CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY. SEE 43 COMP. GEN. 228(1963).
IN ADDITION, WE HAVE BEEN INFORMALLY ADVISED BY THE DEPARTMENT OF THE ARMY THAT THE PROCUREMENT ACTIVITY HAS NO KNOWLEDGE OF ANY COMPLAINT AGAINST ANOTHER BIDDER, PRECO, FOR A VIOLATION INVOLVING EQUAL EMPLOYMENT OPPORTUNITY. HOWEVER, EVEN IF SUCH COMPLAINT HAD BEEN MADE, THE DETERMINATION AS TO WHETHER A CONTRACT SHOULD BE AWARDED TO THE BIDDER IN THAT EVENT WOULD BE FOR COORDINATION BETWEEN THE CONTRACTING OFFICER AND THE CONTRACT COMPLIANCE OFFICE RATHER THAN THE SBA. SEE ARMED SERVICES PROCUREMENT REGULATION 1-903.1(V) AND 12-800, ET. SEQ. ..END :