B-192355, JUL 31, 1978
Highlights
SMALL BUSINESS ADMINISTRATION (SBA) HAS AUTHORITY TO ISSUE OR DENY CERTIFICATE OF COMPETENCY (COC) AND GAO WILL NOT REVIEW SBA DETERMINATION. SCONA CONTENDS THAT THE DENIAL OF THE COC IS ARBITRARY. THE SBA HAS THE AUTHORITY TO ISSUE OR DENY A COC AND OUR OFFICE WILL NOT REVIEW AN SBA DETERMINATION. THE PROTEST IS DISMISSED.
B-192355, JUL 31, 1978
DIGEST: UNDER 15 U.S.C. SEC. 637(B)(7), SMALL BUSINESS ADMINISTRATION (SBA) HAS AUTHORITY TO ISSUE OR DENY CERTIFICATE OF COMPETENCY (COC) AND GAO WILL NOT REVIEW SBA DETERMINATION, REQUIRE ISSUANCE OF COC OR REQUIRE REOPENING OF CASE WHEN COC HAS BEEN DENIED.
SCONA, INC.:
SCONA, INC. (SCONA) PROTESTS THE REFUSAL OF THE SMALL BUSINESS ADMINISTRATION (SBA) TO ISSUE IT A CERTIFICATE OF COMPETENCY (COC) IN CONNECTION WITH INVITATION FOR BIDS NO. R4-78-34, ISSUED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE. SCONA CONTENDS THAT THE DENIAL OF THE COC IS ARBITRARY, CAPRICIOUS AND IN VIOLATION OF THE FEDERAL PROCUREMENT REGULATIONS.
UNDER 15 U.S.C. SEC. 637(B)(7) (1976), THE SBA HAS THE AUTHORITY TO ISSUE OR DENY A COC AND OUR OFFICE WILL NOT REVIEW AN SBA DETERMINATION, REQUIRE ISSUANCE OF A COC, OR REQUIRE REOPENING OF A CASE WHEN A COC HAS BEEN DENIED. CLARKSBURG COATING CORPORATIONS, B-189418, SEPTEMBER 2, 1977, 77-2 CPD 172.
THE PROTEST IS DISMISSED.