B-189051, JUNE 1, 1977
Highlights
CONTRACTING OFFICER'S DETERMINATION THAT PROTESTER IS NONRESPONSIBLE WILL NOT BE REVIEWED BY THIS OFFICE WHERE MATTER HAS BEEN REFERRED TO SBA BECAUSE SBA HAS PRIMARY JURISDICTION TO CERTIFY CONCLUSIVELY TO GOVERNMENT PROCUREMENT OFFICIALS WITH RESPECT TO THE COMPETENCY. BAYSHORE SYSTEMS CORPORATION: BAYSHORE SYSTEMS CORPORATION (BAYSHORE) PROTESTS THE DETERMINATION BY A NASA CONTRACTING OFFICER THAT BAYSHORE IS NONRESPONSIBLE FOR LACK OF CAPACITY OR CREDIT TO PERFORM THE CONTRACT UNDER SOLICITATION NO. SBA IS EMPOWERED TO CERTIFY CONCLUSIVELY TO GOVERNMENT PROCUREMENT OFFICIALS WITH RESPECT TO THE COMPETENCY. THE PROTESTER WILL HAVE AN OPPORTUNITY TO SUBMIT TO SBA ANY INFORMATION WHICH IT FEELS IS RELEVANT TO THE ISSUE OF ITS RESPONSIBILITY AS TO CAPACITY AND CREDIT.
B-189051, JUNE 1, 1977
CONTRACTING OFFICER'S DETERMINATION THAT PROTESTER IS NONRESPONSIBLE WILL NOT BE REVIEWED BY THIS OFFICE WHERE MATTER HAS BEEN REFERRED TO SBA BECAUSE SBA HAS PRIMARY JURISDICTION TO CERTIFY CONCLUSIVELY TO GOVERNMENT PROCUREMENT OFFICIALS WITH RESPECT TO THE COMPETENCY, AS TO CAPACITY AND CREDIT, OF ANY SMALL BUSINESS CONCERN TO PERFORM A SPECIFIC GOVERNMENT CONTRACT.
BAYSHORE SYSTEMS CORPORATION:
BAYSHORE SYSTEMS CORPORATION (BAYSHORE) PROTESTS THE DETERMINATION BY A NASA CONTRACTING OFFICER THAT BAYSHORE IS NONRESPONSIBLE FOR LACK OF CAPACITY OR CREDIT TO PERFORM THE CONTRACT UNDER SOLICITATION NO. IFB 1-53 -6317. BAYSHORE INDICATES THAT THE CONTRACTING OFFICER HAS REFERRED THE MATTER OF BAYSHORE'S RESPONSIBILITY OF THE SMALL BUSINESS ADMINISTRATION (SBA).
PURSUANT TO 15 U.S.C. 637(B)(7) (1970), SBA IS EMPOWERED TO CERTIFY CONCLUSIVELY TO GOVERNMENT PROCUREMENT OFFICIALS WITH RESPECT TO THE COMPETENCY, AS TO PERFORM SPECIFIC GOVERNMENT CONTRACTS. OUR OFFICE HAS NO AUTHORITY TO REQUIRE SBA TO ISSUE A COC OR TO REVIEW AN SBA DETERMINATION REGARDING ISSUANCE OF A COC. SEE ENVIRONMENTAL TECTONICS CORP., B-185259, FEBRUARY 13, 1976, 76-1 CPD 101.
THE PROTESTER ALSO ASSERTS THAT THE CONTRACTING OFFICER MADE HIS FINDINGS OF NONRESPONSIBILITY ON THE BASIS OF AN INCOMPLETE RECORD. HOWEVER, THE PROTESTER WILL HAVE AN OPPORTUNITY TO SUBMIT TO SBA ANY INFORMATION WHICH IT FEELS IS RELEVANT TO THE ISSUE OF ITS RESPONSIBILITY AS TO CAPACITY AND CREDIT. CF. 13 C.F.R 124.8-17(B).
ACCORDINGLY, THE PROTEST IS DISMISSED.