[Request for Reconsideration]

A firm requested reconsideration of a prior decision which sustained another bidder's protest that the Department of Health and Human Services (HHS) failed to submit the question of nonresponsibility to the Small Business Administration (SBA) for a Certificate of Competency (COC) determination. That decision also recommended that HHS refer this matter to SBA for such determination. The protester was awarded a contract subsequent to the HHS determination. The protester argued that the decision did not address its contention that, even though HHS made an adjustment to its proposal, HHS advised the protester that this would not affect its status as low offerer. Had this advice not been given, the protester posits that it would not have accepted the upward adjustment of its proposed cost. Additionally, it contended that GAO did not respond to its request for a conference on the cost question, submitted that SBA could have acted before award but in failing to do so waived its right to act now, and finally stated that its contract was legal since HHS complied with the applicable procurement laws and regulations. GAO stated that the protester has not shown any errors of fact or law in the prior decision. Accordingly, the prior decision was affirmed.