B-208387, SEP 8, 1982

B-208387, SEP 8, 1982

DIGEST: GAO WILL NOT CONSIDER PROTEST AGAINST CONTRACTING AGENCY'S DETERMINATION OF NONRESPONSIBILITY WHERE MATTER WAS REFERRED TO THE SMALL BUSINESS ADMINISTRATION, WHICH DECLINED TO ISSUE A CERTIFICATE OF COMPETENCY.

G&B CHEMICAL CORPORATION:

G&B CHEMICAL CORPORATION (G&B), A SMALL BUSINESS, PROTESTS BEING FOUND NONRESPONSIBLE UNDER INVITATION FOR BIDS (IFB) NO. DAAA31-82-B 0014, ISSUED BY THE DEPARTMENT OF THE ARMY (ARMY), MCALESTER ARMY AMMUNITION PLANT, MCALESTER, OKLAHOMA, FOR COMPOUND FOR USE AS BOMB TAIL PAD. G&B ARGUES THAT THE ARMY'S DECISION IS IMPROPER BECAUSE THE CONTRACT ACTIVITY AWARDED TWO PREVIOUS CONTRACTS FOR THE SAME MATERIAL TO THE PROTESTER, WHICH HAS MET ALL CONTRACT REQUIREMENTS.

AFTER DETERMINING G&B NONRESPONSIBLE BECAUSE OF A NEGATIVE PREAWARD SURVEY, THE ARMY REFERRED THE QUESTION OF G&B'S NONRESPONSIBILITY TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR THE POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY (COC). SBA, HOWEVER, DECLINED TO ISSUE A COC, AND THE ARMY SUBSEQUENTLY REJECTED G&B'S LOW BID AS NONRESPONSIBLE.

SBA HAS AUTHORITY UNDER ITS COC PROCEDURES TO ISSUE FINAL DETERMINATIONS ON WHETHER SMALL BUSINESS CONCERNS ARE RESPONSIBLE TO RECEIVE AND PERFORM SPECIFIC CONTRACTS. 15 U.S.C. SEC. 637(B)(7) (SUPP. III, 1979). AS A RESULT, OUR OFFICE HAS CONSISTENTLY DECLINED TO REVIEW A CONTRACTING AGENCY'S DETERMINATION OF NONRESPONSIBILITY WHERE THE NONRESPONSIBILITY HAS BEEN AFFIRMED BY SBA'S DENIAL OF A COC UNLESS THE PROTESTER MAKES A PRIMA FACIE SHOWING OF FRAUD OR THE RECORD INDICATES THAT VITAL INFORMATION RELEVANT TO THE PROTESTER'S RESPONSIBILITY HAS NOT BEEN CONSIDERED. SEE FEDERAL SERVICES, INC., B-205230, NOVEMBER 3, 1981, 81-2 CPD 381.

SINCE NEITHER OF THESE EXCEPTIONS IS PRESENT HERE, WE WILL NOT CONSIDER THE PROTEST.

PROTEST DISMISSED.