B-177088, APR 3, 1973

B-177088, APR 3, 1973

BID PROTEST - RESPONSIBILITY - DENIAL OF COC DENIAL OF PROTEST BY ENVIRONMENTAL TECTONICS CORP. AGAINST THE AWARD OF A CONTRACT FOR THE SET-ASIDE PORTION OF AN RFP ISSUED BY THE DEFENSE PERSONNEL SUPPORT CENTER, PHILADELPHIA, PA. GAO DOES NOT REVIEW SMALL BUSINESS ADMINISTRATION CERTIFICATE OF COMPETENCY (COC) DETERMINATIONS OR HAVE AUTHORITY TO ORDER THE ISSUANCE OF A COC. B-175970, JULY 18, 1972. FURTHER, THE REFUSAL OF SBA TO ISSUE A COC IS PERSUASIVE WITH RESPECT TO THE COMPETENCY OF A BIDDER, AND THE DENIAL THEREOF IS AN AFFIRMATION OF THE CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY. 43 COMP. GEN. 228 (1963).

TO ENVIRONMENTAL TECTONICS CORPORATION:

WE REFER TO YOUR TELEFAX DATED SEPTEMBER 22, 1972, AND SUBSEQUENT CORRESPONDENCE PROTESTING AGAINST THE AWARD OF A CONTRACT FOR THE SET ASIDE PORTION OF REQUEST FOR PROPOSALS DSA120-72-R-2679, ISSUED BY THE DEFENSE PERSONNEL SUPPORT CENTER, PHILADELPHIA, PENNSYLVANIA.

THE CRUX OF YOUR PROTEST INVOLVES THE ADMINISTRATIVE DETERMINATION THAT YOUR FIRM WAS NONRESPONSIBLE FOR THE SUBJECT AWARD. THE RECORD DISCLOSES THAT SUBSEQUENT TO THE AGENCY'S DETERMINATION, THE SMALL BUSINESS ADMINISTRATION (SBA) REFUSED TO ISSUE A CERTIFICATE OF COMPETENCY (COC) TO YOUR FIRM. PLEASE BE ADVISED THAT 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; B-176804, SEPTEMBER 6, 1972, COPIES ENCLOSED. 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. 43 COMP. GEN. 228 (1963).

ACCORDINGLY, WE CAN BE OF NO FURTHER ASSISTANCE TO YOU IN THIS MATTER AND YOUR PROTEST IS DENIED.