Protest Against Nonresponsibility Determination

B-197663: Apr 21, 1980

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A small business concern that was otherwise in line for award was determined to be nonresponsible because of poor performance on a prior contract and because the concern pled guilty to an antitrust violation. The firm protested the procuring agency's action on the ground that, as a small business, it had a right to have the question of its responsibility referred to the Small Business Administration (SBA). GAO agreed with the protester. SBA is empowered without exception to certify conclusively to Government procurement officials with respect to all elements of responsibility. Thus, all questions regarding the responsibility of small businesses must be referred to SBA for final disposition. GAO recommended that the contracting officer refer the matter to the appropriate SBA officials for possible issuance of a Certificate of Competency (COC). If the COC is issued, the protester will have the option of accepting award for the balance of the contract term.

Mar 22, 2018

Mar 20, 2018

Mar 19, 2018

  • Ampcus, Inc.
    We deny the protest.
  • AMAR Health IT, LLC
    We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million.
  • Centurum, Inc.--Costs
    We grant the request.

Mar 15, 2018

  • ORBIS Sibro, Inc.
    We sustain the protest in part and deny it in part.

Mar 14, 2018

Mar 13, 2018

  • Interoperability Clearinghouse
    We dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.

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