B-217102, NOV 28, 1984, 84-2 CPD 587
Highlights
CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - RESPONSIBILITY DETERMINATION - NONRESPONSIBILITY FINDING - REVIEW BY GAO DIGEST: GAO GENERALLY WILL NOT REVIEW A CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY WITH RESPECT TO A SMALL BUSINESS BIDDER SINCE BY LAW THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO DETERMINE CONCLUSIVELY THAT A SMALL BUSINESS FIRM IS RESPONSIBLE. WE HAVE BEEN INFORMED THAT THIS MATTER HAS BEEN REFERRED TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR THE POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY (COC). THE SBA HAS STATUTORY AUTHORITY TO REVIEW A CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY AND TO DETERMINE THAT A SMALL BUSINESS CONCERN IS RESPONSIBLE BY ISSUING A COC. 15 U.S.C.
B-217102, NOV 28, 1984, 84-2 CPD 587
CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - RESPONSIBILITY DETERMINATION - NONRESPONSIBILITY FINDING - REVIEW BY GAO DIGEST: GAO GENERALLY WILL NOT REVIEW A CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY WITH RESPECT TO A SMALL BUSINESS BIDDER SINCE BY LAW THE SMALL BUSINESS ADMINISTRATION IS EMPOWERED TO DETERMINE CONCLUSIVELY THAT A SMALL BUSINESS FIRM IS RESPONSIBLE.
BELEX ENTERPRISES, INC.:
BELEX ENTERPRISES, INC. (BELEX), A SMALL BUSINESS, PROTESTS THE NEGATIVE PREAWARD SURVEY AND THE NONRESPONSIBILITY DETERMINATION BY THE CONTRACTING OFFICER MADE IN CONNECTION WITH SOLICITATION NO. DLA100-84 B-0945 ISSUED BY THE DEFENSE LOGISTICS AGENCY, DEFENSE PERSONNEL SUPPORT CENTER, PHILADELPHIA, PENNSYLVANIA. WE HAVE BEEN INFORMED THAT THIS MATTER HAS BEEN REFERRED TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR THE POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY (COC).
WE DISMISS THE PROTEST.
THE SBA HAS STATUTORY AUTHORITY TO REVIEW A CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY AND TO DETERMINE THAT A SMALL BUSINESS CONCERN IS RESPONSIBLE BY ISSUING A COC. 15 U.S.C. SEC. 637(B)(7) (1982). CONSEQUENTLY, WE WILL NOT UNDERTAKE AN INDEPENDENT REVIEW OF A CONTRACTING OFFICER'S NONRESPONSIBILITY DETERMINATION, SINCE SUCH REVIEW WOULD BE TANTAMOUNT TO A SUBSTITUTION OF OUR JUDGMENT FOR THAT OF THE SBA. SEE HOFFMAN CONSTRUCTION COMPANY, B-214240, MAR. 13, 1984, 84-1 CPD PARA. 304.